Appeal 2007-1340
Application 09/996,125
between the prior art and [Appellants'] system is simply not so great as to
render the system nonobvious to one reasonably skilled in the art." Dann,
425 U.S. at 230, 189 USPQ at 261. We base this conclusion on three
alternative rationales, as explained in subsections A, B, and C:
(A) the claimed subject matter is a choice from a finite number of identified,
predictable solutions to a problem, with a reasonable expectation of success;
(B) the claimed subject matter is an application of a known technique to a
known system ready for improvement to yield predictable results; and
(C) the claimed subject matter is a predictable variation of a known work
that would have been promoted based upon design incentives.
A.
We conclude that allowing a user to digitally point to selected
designated portions of a cached document and loading only those designated
portions of the cached document would have been obvious because it is a
choice from a finite number of identified, predictable solutions to the
problem of latency. "When there is a design need or market pressure to
solve a problem and there are a finite number of identified, predictable
solutions, a person of ordinary skill has good reason to pursue the known
options within his or her technical grasp." KSR, 127 S. Ct. at 1742, 82
USPQ2d at 1397.
Latency is recognized as a problem for current Web browsers. (FF 2.)
Caching is an identified, predictable solution to the design need of latency.
(FF 5.) In particular, caching is a known technique for speeding up the
operation of a Web browser. (FF 13.) Controlling the selection and loading
of portions of a document (e.g., a Web page) also is an identified,
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