Ex Parte Banerjee et al - Page 9

                Appeal 2007-0914                                                                                 
                Application 09/904,734                                                                           

                Microsystems for the purpose of extracting the locale from an HTTP                               
                request.  The admitted prior art does not include (a) using that API to extract                  
                the locale if the “Content-Type” header does not contain a code-set                              
                identifier, as required by the claim, or (b) associating the thus-extracted                      
                locale with a character set, as also required by the claim.  Instead,                            
                paragraph 35 attributes the use of the API in this manner to Appellants’                         
                computer program 110.  I also disagree with the majority’s statement                             
                that “[i]n the context of these admissions [in paragraphs 8, 9, and 35], it is                   
                implicit to translate server locales to a character set, particularly in view of                 
                the recognition in paragraph 9 of the Specification that it is known to select a                 
                character set when the Content-Type header fails to specify a character set.”                    
                Supra pp. 5-6.   Paragraphs 8 and 9 do not cure the above-noted deficiencies                     
                of paragraph 35.  That is, they do not indicate that it was known to (a) use                     
                the Sun Microsystems API or any other locale-extracting software to extract                      
                the locale if the “Content-Type” header does not contain a code-set identifier                   
                or (b) to associate the thus-extracted locale with a character set.                              














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