Ex Parte NGUYEN et al - Page 4



          Appeal No. 2004-1627                                                        
          Application No. 09/207,945                                                  
          associated with the content object included within the generated            
          Web page” (brief, page 4).  Appellants specifically argue that              
          what the examiner characterizes as “appending the stored record”            
          in Blumenau is actually a series of separate entries in the log             
          file for each one of the multiple transferred files resulted from           
          a request for a web page (brief, page 5 & reply brief, page 3).             
          Additionally, Appellants point out that Shaw merely discloses a             
          server which uses information in a member profile and/or an event           
          log file to determine which advertisements should be directed to            
          a particular user (brief, page 6).                                          
               In response to Appellants’ arguments, the Examiner asserts             
          that storing the record of the requested files as a “log file” in           
          Blumenau indicates that the stored log file is not different from           
          the claimed “appending the stored record of the user request”               
          (answer, page 16).  The Examiner further argues that the fact               
          that Blumenau generates the requested Web page “by analyzing                
          transactions in the log file,” proves that the identifications or           
          the information of other files are stored in the log file                   
          (answer, page 17).                                                          
               As a general proposition, in rejecting claims under                    
          35 U.S.C. § 103, the examiner bears the initial burden of                   
          presenting a prima facie case of obviousness.  See In re                    
          Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed. Cir.               
                                          4                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007