Ex Parte Harrington et al - Page 4

               Appeal 2006-2722                                                                            
               Application 10/209,626                                                                      
               each candidate document assembly, a set of value-property functions is                      
               calculated which take into consideration factors, such as readability and                   
               balance, resulting in a good design.  An inferred intent vector is then                     
               determined for each candidate document assembly as a function of the                        
               calculated property function (Specification 9).                                             
               Marriott discloses the extension of the Scalar Vector Graphics (SVG)                        
               format for document display by applying constraint-based principles to                      
               document layout Specification (pg. 496, first par.).  The adding of one-way                 
               constraints to the SVG format permits a document author to specify how to                   
               perform flexible client side adaptation of the document (pg. 506, first full                
               par.).  Algorithms for solving one-way constraints using a directed graph in                
               the form of a constraint graph are discussed at page 504, first full paragraph.             
               Simon discloses the organizing of a plurality of images into a plurality of                 
               different page layouts.  Each of the different page layouts is analyzed in                  
               accordance with different predetermined criteria and the optimum page                       
               layout is determined and selected based on the predetermined criteria (par.                 
               0007-0011).                                                                                 

                                          PRINCIPLE OF LAW                                                 
                      In rejecting claims under 35 U.S.C. § 103, it is incumbent upon the                  
               Examiner to establish a factual basis to support the legal conclusion of                    
               obviousness.  See In re Fine, 837 F.2d 1071, 1073, 5 USPQ2d 1596, 1598                      
               (Fed. Cir. 1988).  In so doing, the Examiner is expected to make the factual                
               determinations set forth in Graham v, John Deere Co., 383 U.S. 1, 17, 148                   
               USPQ 459, 467 (1966).  The Examiner must articulate reasons for the                         
               Examiner’s decision.  In re Lee, 277 F.3d 1338, 1342, 61 USPQ2d 1430,                       

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