Ex Parte Rodriquez et al - Page 6

                Appeal 2006-3362                                                                             
                Application 09/838,365                                                                       
                         device on the screen.  (¶ 0076, ¶ 0096).  When a portion of an                      
                         image is enlarged, as viewed in Figures 17A and 17B, the larger                     
                         image replaces the smaller one, which results in the entire                         
                         displayed page being reformatted to show the larger window 140                      
                         now overlapping other windows, such as 136.                                         
                      4. The Blumberg reference teaches scaling of images in electronic                      
                         documents.  (Col 2, l. 20).  As the images enlarge, the document is                 
                         altered to display the larger resolution and sized view.  (Fig. 4A                  
                         through 4C).  Document pages are indicated as being of HTML                         
                         format (Col 6, top paragraph; Col 10, l. 60).  Scalable images are                  
                         indicated to be either embedded or referenced by links in the base                  
                         document (Col 11, bottom).  The process of assigning the right                      
                         image to be embedded into an HTML document (Col 10, l. 58) is                       
                         performed by a process referring to a specific JPEG image (Col.                     
                         11, top).                                                                           


                                          PRINCIPLES OF LAW                                                  
                      On appeal, Appellants bears the burden of showing that the Examiner                    
                has not established a legally sufficient basis for the rejection of the claims.              

                      “In reviewing the [E]xaminer’s decision on appeal, the Board must                      
                necessarily weigh all of the evidence and argument.”  In re Oetiker, 977                     
                F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).                                      




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