Ex Parte HEMMINGER - Page 2



          Appeal No. 2004-0820                                                        
          Application No. 09/317,312                                 Page 2           

               a) detecting, in one computer, the occurrence of scrolling             
          through a document;                                                         
               b) when said scrolling terminates, ascertaining which part             
          of the document is being displayed by said computer; and                    
               c) after said ascertainment, transmitting to other computers           
          data which enables them to display said part of the document.               
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Glaser                   6,072,463               Jun. 6, 2000               
                         (filed Apr. 17, 1995)                                        
          Furst                    6,297,819               Oct. 2, 2001               
                         (filed Nov. 16, 1998)                                        
               Claims 1, 2, 4-7 and 11-151 stand rejected under 35 U.S.C.             
          § 102 (e) as being anticipated by Glaser.                                   
               Claims 3, 8-10, 17 and 18 stand rejected under 103(a) as               
          being unpatentable over Glaser in view of Furst.                            

               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and appellant regarding the above-noted rejections,            
          we make reference to the examiner's answer (Paper No. 9, mailed             
          June 25, 2003) for the examiner's complete reasoning in support             

               1 Although the statement of the rejection (answer, page 3) does not list
          claims 11-15, we observe that since the body of the rejection (answer, pages 4
          and 5) refers to each of these claims and sets forth the examiner's reasoning
          as to why the examiner considers each of these claims to be anticipated by  
          Glaser, we consider the examiner's lack of inclusion of these claims in the 
          statement of the rejection to have been an oversight by the examiner.       
          Accordingly, we consider claims 11-15 to be included in the group of claims 
          rejected under 35 U.S.C. § 102(e).                                          





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