Ex Parte DHARAP - Page 3




          Appeal No. 2004-1148                                                        
          Application No. 09/374,694                                                  


          will reverse the anticipation rejection of claims 1 through 20              
          over AAPA as well as the anticipation rejection of claims 1                 
          through 5, 7, 8, 10, and 12 through 17 and the obviousness                  
          rejection of claims 6, 9, 11, and 18 through 20 over Rubin.                 
               Each of the independent claims recites caching or processing           
          a resource copy in dependence upon a semantic type associated               
          with the information resource.  As stated by the examiner                   
          (Answer, page 7), "[t]he primary disagreement is what is meant by           
          the term 'semantic type.'"  The examiner continues (Answer, page            
          8) that "where a claimed phrase is unclear, one may refer to the            
          specification to give life and meaning to the claimed phrase.  In           
          the instant case, however, the phrase 'semantic type' is not                
          unclear."  The examiner thereby defines "semantic type" as "data            
          type."  The examiner further states (Answer, page 12) that                  
          "equating 'semantic type' with arbitrary volatility actually                
          gives a meaning to the words 'semantic type' that is repugnant to           
          their ordinary meaning and contradictory to the examples in the             
          specification and is therefore not allowed."                                
               We first note that the examples in the specification all               
          relate to the volatility perceived by a user and, therefore, a              
          definition of "arbitrary volatility" is not contrary to the                 
          examples.  Also, the examiner should realize that:                          


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