Ex Parte McBrearty et al - Page 6

                Appeal 2007-1340                                                                               
                Application 09/996,125                                                                         
                      The following rejections are before us for review:                                       
                   1. Claims 1-3, 5, 7-15, 17, 19-25, and 27-29 stand rejected under                           
                      35 U.S.C. § 103(a) as being obvious over Acharya and Gong.                               
                   2. Claims 6, 18, and 26 stand rejected under 35 U.S.C. § 103(a) as being                    
                      obvious over Acharya, Gong, and Banga.                                                   

                                         Arguments of the Appellants                                           
                      Appellants contend that the Examiner erred in rejecting claims 1-3,                      
                5-15, and 17-29 under 35 U.S.C. § 103(a).2  In particular, Appellants assert                   
                that Acharya, Gong, and/or Banga do not teach or suggest allowing the user                     
                to digitally point to selected designated portions of the cached document and                  
                only loading the designated portions.  (Br. 5-6; Reply Br. 3-4.)  Appellants                   
                also argue that the Examiner used impermissible hindsight.  (Br. 6; Reply                      
                Br. 3.)  The Examiner contends that each of the claims is properly rejected.                   
                (Answer 3-6.)                                                                                  
                      Appellants have not presented any substantive arguments directed                         
                separately to the patentability of the dependent claims or related claims in                   
                each group.  In the absence of a separate argument with respect to those                       
                claims, they stand or fall with the representative independent claim.  See                     
                37 C.F.R. § 41.37(c)(1)(vii).  We select claim 1 as the representative claim.                  


                                                                                                              
                2  Rather than repeat the arguments of Appellants or the Examiner, we make                     
                reference to the Briefs and the Answer for their respective details.  Only                     
                those arguments actually made by Appellants have been considered in this                       
                decision.  Arguments which Appellants could have made but chose not to                         
                make in the Briefs have not been considered and are deemed to be waived.                       
                See 37 C.F.R. § 41.37(c)(1)(vii) (2004).                                                       
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