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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