Ex Parte HAITSUKA et al - Page 5



          Appeal No. 2004-0228                                                        
          Application No. 09/348,411                                                  

          service, as claimed.  Similarly, with regard to column 8, lines             
          30-35, column 13, lines 56-58, and column 16, lines 24, through             
          56-58, reciting access to a server, appellants argue that this              
          implies a prior connection so that it cannot suggest the client             
          application establishing the communication channel.                         
               We agree with appellants.                                              
               There are many references in Hoyle to accessing the Internet           
          via an existing TCP/IP connection to obtain advertising (see, for           
          example, column 7, lines 38-41), but we find nothing in Hoyle,              
          and the examiner has not convincingly pointed to anything                   
          therein, indicating, or suggesting, that a client application               
          performs the establishment of a communication channel from a                
          local device to an online server (as required by independent                
          claims 1, 8 and 26), and that the client application displays a             
          client window continuously so long as the communication channel             
          from the local device to the online service is maintained (as               
          required by independent claims 1 and 26).                                   
               Accordingly, we will not sustain the rejection of claims 1,            
          8 and 26, or of claims 2-7, 9-14 and 27-29, dependent thereon,              
          under 35 U.S.C. § 103.                                                      
               With regard to independent claim 15, appellants assert that            
          the limitation, “each ad object comprising a resource locator for           
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