Appeal 2007-1340
Application 09/996,125
page would have yielded predictable results and would have improved the
Web browser of Gong when selecting and loading cached Web pages. In
addition, allowing the user to select and load portions of the cached Web
page follows naturally and directly from Gong's teaching of a Reload button
that makes "selection of the reload function a natural extension of" the Web
page status indication. (FF 17.)
Again, Appellants have presented no evidence that giving the user
(rather than the computer program) control over selection and loading of
portions of a cached document "was uniquely challenging or difficult for one
of ordinary skill in the art," Leapfrog, 485 F.3d at 1162, 82 USPQ2d at
1692, nor have Appellants presented evidence that this "represented an
unobvious step over the prior art" id.
Therefore, the claimed subject matter would have been obvious to a
person having ordinary skill in the art at the time the invention was made.
C.
As a further alternative, we conclude the claimed subject matter
would have been obvious because design incentives to solve the problem of
latency would have prompted a predictable variation in the prior art system
of Gong to apply the known principle of giving control to the user, disclosed
in Acharya, in order to allow a user to digitally point to selected designated
portions of a cached document and load only those designated portions of
the cached document. "When a work is available in one field of endeavor,
design incentives and other market forces can prompt variations of it, either
in the same field or a different one. If a person of ordinary skill can
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