Appeal No. 2004-2266
Application No. 09/847,999
copying of the hyperlink to a list for later viewing when the
“Scratchpad” program is activated and the user selects a
hyperlink (brief, page 5). Appellants further assert that
Gennaro provides a selectable drop-down menu that consists only
of linking functionality options rather than the claimed
graphical image embedded in the hyperlink (brief, page 6). With
respect to Jain, Appellants argue that the user manually selects
an image to be associated with the hyperlink without having
anything to do with copying of graphical elements of the
hyperlink to the second window or whether any graphical image is
embedded in the hyperlink (brief, page 6; reply brief, page 2).
Appellants further point out that the image embedded in the
hyperlink is not the same as an image in the target webpage to
which the hyperlink points (brief, page 9).
In response to Appellants’ arguments, the Examiner asserts
that since the user can click on image 1002 in Figure 10 of Jain,
the image is indeed a “graphical image embedded in the hyperlink”
(answer, page 8). Furthermore, the Examiner asserts that by
copying the hyperlink to a second window (i.e., the bookmark
window), the embedded image 1002 or 1003 is copied to a second
window (answer, page 9). With respect to Newfield, the Examiner
argues that the use of “other graphical form” mentioned in page 5
of the reference is a suggestion to use embedded graphical images
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