Appeal No. 2004-0354
Application No. 09/240,118
the examiner relies on Barrick’s display frame 480 in Figure 4B,
it is very clear from Barrick’s column 8, lines 49-51, that
display frame 480 is initially blank and eventually contains the
test page that is downloaded. There is no indication in Barrick
that display frame 480 displays performance data. The examiner’s
only purported response, at page 10 of the answer, is to cite
column 7, line 47, et seq. of Barrick, stating that an “HTTP GET
request is sent as a result.” It is not understood how this is
responsive to a finding that Barrick’s display frame 480 does not
teach performance data being integrated thereinto.
While our finding that there is no performance data
integrated into the display 480 of Barrick is sufficient to
reverse the examiner’s rejections, we further note that we agree
with appellants that there would appear to be no reason for
combining Luzzi with Barrick because Luzzi is not concerned with
identifying files with references (hyperlinks) to other files or
for generating performance data for loading each of the files
associated with said references, or with integrating the
performance data into a graphical display of said references
prior to selection of one of the references. The graphs
disclosed by Luzzi relate only to the performance of applications
on servers, not performance associated with references to files.
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