Ex Parte 5253341 et al - Page 34




               Reexamination Control No. 90/005,742                                                                                   
               Patent 5,253,341                                                                                                       

          1    network 10, citing column 15, lines 34-53.  Final Action at 237, para. (c).37  The examiner                            
          2    further explains that the "compression descriptor segment contain[s] information needed for                            
          3    decompression at the reception system of objects compressed in the interactive network," id.,                          
          4    which we understand to mean that RS 400 performs decompression and thus satisfies the claim's                          
          5    requirement that "said remote query and data retrieval system decompress[es] said compressed to                        
          6    said query."  Thus, even though, as noted by Dr. Koopman, 2d Koopman Decl. at 167, para. 353,                          
          7    the examiner’s statement of the rejection fails to assert that the “decompressing . . . said                           
          8    compressed response” limitation reads on Filepp, it is clear why the examiner believes this is the                     
          9    case.  Furthermore, the examiner’s failure to expressly assert that this claim language is satisfied                   
         10    by Filepp does not provide sufficient support for Dr. Koopman’s assertion that this limitation "is                     
         11    not disclosed by the references," id. , an assertion which must be based on an evaluation of Filepp                    
         12    as a whole, including any reasonable inferences to be drawn therefrom.                                                 
         13            The examiner reads the step of "displaying a presentation corresponding to said query                          
         14    response on output means" on the displaying step that is described in the abstract and at                              
         15    column 2, lines 52-54 ("the invention includes method and apparatus for providing interactive                          
         16    applications containing text and graphics at the monitor of a personal computer").  3d Action                          
         17                                                                                                                           
         18    at 78; Final Action at 236.  Dr. Koopman's denial that the displayed text and graphics correspond                      
         19    to the query response, 2d Koopman Decl. at 167-68, para. 354, ignores the fact that the objects                        


                                                                                                                                     
                       37   The 3d Action at 77-78, paragraph (c) cites column 15, lines 35-41.                                       
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