Appeal No. 2004-2250
Application No. 09/542,154
the Examiner has ignored the limitation of claim 30 and in fact,
find the Examiner’s line of reasoning to be persuasive.
In view of the analysis above, we find the Examiner’s
reliance on the combination of Brown, Kikinis, Namma and
Humpleman to be reasonable and sufficient to support a prima
facie case of obviousness with respect to claims 1, 2 and 30.
Accordingly, the 35 U.S.C. § 103 rejection of independent claim 1
as well as claims 2 and 30 is sustained.
With respect to claims 3 and 28, Appellants argue that
neither the thumbnail images derived from the text contained in
the web pages nor the icons containing text are necessarily
present in Shuping (suppl. brief, page 8). The Examiner responds
by asserting that although some web pages do not contain text, in
those that do the thumbnail images must be derived from text
contained within the web page data (answer, page 16). The
Examiner further argues that since icons are small images
displayed on a computer representing objects, the disclosed
thumbnails relate to “icons that are ‘established by text from
the respective source’” (answer, page 17). Comparing the two
arguments and reviewing the references (columns 5 and 6 of
Shuping), leave us unconvinced by Appellants’ arguments that the
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