Ex Parte Rollins et al - Page 6



           Appeal No. 2006-2076                                                                     
           Application No. 09/747,651                                                               
           by the user to the intermediary results in a document being                              
           retrieved from the server but, rather, require that the user                             
           actually requests from the intermediary a document located at the                        
           server.  In Markus ‘042, at the time the user makes the autofill                         
           request to the selective proxy (intermediary), the user’s client                         
           already has the document.  The request by the user to the                                
           selective proxy is merely for the selective proxy to fill in the                         
           document.  Markus ‘042 does not indicate that the user knows                             
           whether the selective proxy obtains the document from the server                         
           or from the user’s client.  Hence, Markus ‘042 does not indicate                         
           that the request from the user to the selective proxy to fill in                         
           the document is a request for the selective proxy to obtain the                          
           document from the server.                                                                
                 Also, the examiner does not explain how Marcus ‘042, alone                         
           of in combination with the other applied references, would have                          
           fairly suggested, to one of ordinary skill in the art, a request                         
           from the user to the selective proxy for a document located at                           
           the server.                                                                              
                 The examiner, therefore, has not carried the burden of                             
           establishing a prima facie case of anticipation or obviousness of                        
           the appellants’ claimed invention.                                                       

                                             DECISION                                               
                                                 6                                                  




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