Appeal No. 2005-1431
Application 09/442,070
include the term "browser" and defines "browse" as follows: "To scan a database or a list of
files, either for a particular item or for anything that seems to be of interest; generally, an activity
that implies observing, rather than changing, information." Brief at 28. According to appellants,
[e]ven assuming The Windows Interface document is not part of the
specification, it is still evidenced in the record that Word was known to have a
browsing function and, therefore, understood in 1994 to be a "browser." In this
regard, Figs. 3, 4 and 11 depict Word as the application supporting a compound
document.
Brief at 29.
The examiner, on the other hand, construes "browser application" to be "a client
application that enables the user to view HTML document[s] on the WWW [World Wide Web]
or another network (Microsoft Press)" and correctly notes that no such application is disclosed in
the '701 patent. Final Action at 7; Answer at 10. A copy of the definition on which he relies has
not been provided by the examiner. We assume the examiner is relying on the third (i.e., 1997)
edition of the Microsoft Press Computer Dictionary, which at page 64 defines "browser" as "See
Web browser" and at page 505 defines "web browser" as follows:
Web browser . . . n. A client application that enables a user to
view HTML documents on the World Wide Web, another network, or the
user's computer; follow the hyperlinks among them; and transfer files.
Text-based Web browsers, such as Lynx, can serve users with shell
accounts but show only the text elements of an HTML document; most
web browsers, however, require a connection that can handle IP packets
but will also display graphics that are in the document, play audio and
video files, and execute small programs, such as Java applets or ActiveX
controls, that can be embedded in HTML documents. Some Web
browsers require helper applications or plug-ins to accomplish one or
rejection.
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