Ex Parte MATTHEWS et al - Page 3




          Appeal No. 2003-0789                                                        
          Application 09/422,654                                                      

               We modify our original decision to eliminate the underlined            
          language above.  The examiner should not consider the underlined            
          language above in our original decision.                                    
               In addition, in the case of further prosecution, we suggest            
          that the examiner investigate HTML tables for teachings of                  
          controlling the spacing between shapes based on border                      
          parameters.  While we do not have access to an HTML book with a             
          good date, we note that the table in HTML has a CELLPADDING                 
          attribute indicating how many pixels there should be between a              
          cell's contents and the border, and a CELLSPACING attribute                 
          indicating how much whitespace (in pixels) there should be                  
          between individual cells, where the cell is an object.                      
          See, e.g., www.htmlhelp.com/ reference/wilbur/table/table.html              
          (copyright 1997) and www.w3.org/TR/REC-html40/struct/tables.html            
          at section 11.3.3.  Since Microsoft makes Internet Explorer which           
          displays HTML, it is presumed that this would be known.                     
               With respect to appellants' comment about MPEP § 2144.03, it           
          is noted that a traverse of a finding of Official Notice requires           
          more than just a statement that the fact is not supported by a              
          reference.  A "traverse" is "[a] formal denial of a factual                 
          allegation in the opposing party's pleading," Black's Law                   
          Dictionary (7th ed. 1999).  That is, a traverse is similar to               
          answering the factual allegations in a complaint in a civil                 
          action.  Cf. Fed. R. Civ. P. 8(b) ("A party shall . . . admit or            

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