Appeal No. 2004-1463 Application 09/401,221 actually made by appellant have been considered in this decision. Arguments which appellant could have made but chose not to make in the brief have not been considered and are deemed to be waived by appellant [see 37 CFR § 41.37(c)(1)(vii)(2004)]. The examiner has indicated how he finds the claimed invention to be obvious over the collective teachings of Brendel and Leighton [answer, pages 3-11]. With respect to independent claims 1 and 4, appellant essentially argues that 1) there is no motivating suggestion that the teachings of Brendel can be incorporated with the teachings of Leighton as suggested by the examiner, and 2) that the applied prior art fails to teach that the main server requests over the Internet that the participating server send the requested information over the Internet to the client. With regard to the latter point, appellant argues that a WAN, as suggested by Brendel, is not equivalent to the Internet [brief, pages 12-31]. With respect to the first argument, the examiner responds that the motivation for combining the references resides in their mutual desire to make Internet communications more efficient. With respect to the second argument, the examiner responds that a WAN and the Internet are both types of communication mediums used [answer, pages 11-14]. -5-Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007