Appeal No. 2004-2266
Application No. 09/847,999
user selected image is embedded in the stored hyperlink, the
Examiner ignores the claim requirement that the hyperlink and the
image embedded in the hyperlink be automatically copied to a
second window. Thus, assuming, arguendo, that it would have been
obvious to combine Jain with Newfield and Gennaro, as held by the
Examiner, the combination would still fall short of teaching or
suggesting the claimed copying of graphical elements of the
hyperlink to the second window or the fact that graphical element
comprises a graphical image embedded in the hyperlink.
In view of our analysis above, we find that the Examiner has
failed to set forth a prima facie case of obviousness because the
necessary teachings and suggestions related to the claimed
embedded images in the hyperlink are not shown. Accordingly, we
do not sustain the 35 U.S.C. § 103 rejection of independent claim
31, nor of claims 32 and 33 dependent thereon.
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