Ex Parte McBrearty et al - Page 3

             Appeal 2007-0731                                                                                   
             Application 09/899,454                                                                             

        1          Additional reference relied upon by the Board of Patent Appeals and                          
        2                                                                                                       
        3    Interferences                                                                                      
        4                                                                                                       
        5                 Pitkow US 7,031,961 B2  Apr. 18, 2006                                                 
        6                                                        (filed Dec. 4, 2000)                           
        7                                                                                                       
        8                                  REJECTION AT ISSUE                                                   
        9          Claims 1 through 6, 8 through 18, 20 through 30, and 32 through 36 stand                     
        10   rejected under 35 U.S.C. § 103(a) as unpatentable over Ryan and Pitkow.  The                       
        11   Examiner’s rejection is set forth on pages 3 through 9 of the Answer.  Claims 7,                   
        12   19, and 31 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Ryan,                      
        13   Pitkow, and Burke.  The Examiner’s rejection is set forth on page 10 of the                        
        14   Answer. Throughout the opinion we make reference to the Brief and Reply Brief                      
        15   (filed March 28, 2006 and August 14, 2006 respectively), and the Answer (mailed                    
        16   June 14, 2006) for the respective details thereof.                                                 
        17                                         ISSUES                                                       
        18         Appellants contend that the Examiner’s rejection based upon Ryan and                         
        19   Pitkow under 35 U.S.C. § 103(a) is in error.  Specifically, Appellants argue that                  
        20   Ryan teaches use of tracking transmission rates only in the context of search                      
        21   engine algorithms.  Appellants further argue that there is no suggestion in Ryan to                
        22   display the transmission rates of bookmarked documents at a receiving station.                     
        23   (Br. 7, Reply Br. 2-3).  Appellants assert that Pitkow does not make up for this                   
        24   deficiency.  (Br. 8).                                                                              
        25         The Examiner contends that the rejection is proper.  The Examiner states                     
        26   that Ryan’s “Personal hit-lists” suggests using Ryan’s system with bookmarks, and                  
        27   that Pitkow teaches using bookmarks at a web page receiving station.  The                          


                                                       3                                                        


Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: September 9, 2013