Appeal No. 2004-0354
Application No. 09/240,118
generally available to one of ordinary skill in the art would
lead the individual to combine the relevant teachings of the
references. In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598
(Fed. Cir. 1988).
With regard to the independent claims, it is the examiner’s
position that Barrick transmits and displays files by the steps
of identifying files with references (hyperlinks) to other files,
identifying column 7, lines 46-47, for the selection of a
hyperlink within the HTML page containing the browser agent;
generating performance data for loading (column 7, line 26, for
downloading performance) each of the files with references (with
the browser agent selected to download the test page at column 7,
lines 46-47); and integrating the performance data into a
graphical display (identifying display frame 480 in Figure 4B) of
the references (identifying column 7, lines 9 through column 8,
line 46, and Figures 4A and B and contending that “an HTTP GET
request is sent as a result”).
It is the examiner’s position that Barrick teaches the
claimed subject matter of the independent claims but for
displaying the performance data “prior to” selection of the
reference.
The examiner turns to Luzzi for a disclosure of a client
-4–
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