Appeal No. 2004-0992
Application No. 09/560,458
advertising material with the content (column 2, lines 34-35 and
column 3, lines 34-36).
While the examiner indicates that Hidary does not explicitly
teach determining whether a client is configured to automatically
display advertising material in association with other content,
the examiner contends that Hidary “necessarily” performs the
method claim and that, therefore, Hidary inherently discloses the
claimed subject matter (see page 5 of the answer). In order to
show the inherency alleged, the examiner notes that it is
necessary to determine whether a client is configured to
automatically display advertising material in association with
other content before the advertising material is automatically
displayed in association with other content. The examiner
indicates that the reference teaches, at column 3, lines 37-40,
that any standard PC is physically configured to implement the
reference invention, and that information is provided regarding
when the advertising material is to be distributed over the first
medium, at column 3, lines 45-49.
With regard to claims 2-7 and 9-14, appellant argues that
Hidary does not interrupt content accessed from one medium to
display an advertisement that is accessed and distributed over a
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