Appeal No. 2004-2266
Application No. 09/847,999
menu in the form of user selectable links (col. 2, lines 39-54).
However, as pointed out by the Examiner (answer, page 4), neither
of these references teaches the non-linking functionality
comprising copying the graphical image embedded in the hyperlink
to a second window.
Turning now to the teachings of Jain, we note that the
reference is directed to storing URLs as bookmarks wherein the
user may select one of the images displayed on a web page to be
stored together with the locator address as the website bookmark
(abstract; paragraphs 0022 and 0023). Although Jain teaches that
the image is resized and placed in front of the URL address
(paragraph 0023), the image is not actually embedded in the
hyperlink as the link may also be stored without the image if the
BWI is not turned on by the user (paragraph 0021). Thus,
although we agree with the Examiner that an image is associated
with the URL address in Jain, we do not find ourselves in
agreement with the Examiner’s conclusion that selecting an image
to be stored next to te bookmark makes the image embedded in the
hyperlink.
As indicated by Appellants (reply brief, page 2), the image
selected by the user to be placed next to the main “Yahoo” web
page is a part of that web page and at the best, could be
embedded in the “What’s new” hyperlink. In concluding that this
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