Ex Parte KISACANIN - Page 8



          Appeal No. 2004-1827                                       Page 8           
          Application No. 09/467,396                                                  

          customer.  We also agree with the examiner that Kohl discloses              
          the software to be a customer compatible executable, because Kohl           
          teaches that the HTML pages of application may contain Java                 
          applets, and because Kohl teaches that it can deliver a client-             
          server application instead of a web application.  We additionally           
          agree with the examiner that Kohl teaches that these executables            
          are compiled from pre-existing source code, because the source              
          code for these executables must exist before they can be                    
          compiled.  It is at this point, however, that we part company               
          with the examiner.  Although we agree that Kohl would inherently            
          include pre-existing source code, we find no suggestion of                  
          modifying the source code to include customer specific messages             
          from a customer specification.  In addition, with respect to the            
          examiner's arguments (final rejection, page 12) that selection of           
          a display language would permit customers to insert messages, we            
          note that the selection of one language or another is merely the            
          selection of a source to be compiled and not the insertion of               
          “customer specific messages” into  the source code.  Accordingly,           
          we agree with appellant (brief, page 12) that “Kohl does not                
          teach or suggest electronically providing a customer compatible             
          executable that is compiled from pre-existing source code that              
          includes inserted customer specific messages provided by a                  





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