Appeal No. 2005-1431
Application 09/442,070
Utilized by said browser to identify and locate means that the enumerated
functions are performed by the browser. . . . The inventors contemplated the
browser’s use of some outside resources such as the operating system as operating
systems are always involved in the operation of computer programs.
Nevertheless it must be the browser, not the operating system, that must do the
heavy lifting of identifying and locating . . . .
Id. at 1331, 1338, 73 USPQ2d at 1787, 1792-93. However, as noted above, the reissue claims
before us have been amended to delete the "by said browser" language.
The Doyle patent was until recently the subject of Reexamination Control No.
90/006,831, a Director-initiated reexamination proceeding under 37 CFR § 1.520. On June 6,
2006, a reexamination certificate was issued confirming the patentability of Doyle patent claims
1-10, which were not amended during the reexamination proceeding and which constitute all of
the Doyle patent claims.
The Doyle patent is also currently involved in Reexamination Control No. 90/007,858,
initiated at the request of a third party.
The Regents of the University of California, the owner of the Doyle patent, have filed
several protests during the examination of the reissue application before us.
B. The principal issue in this appeal
The principal issue presented by this appeal is a determination of which parts of The
Windows Interface: An Application Design Guide, Microsoft Corp., 1992 (hereinafter
"Windows Interface document"), which is the subject of an express incorporation by reference in
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