Appeal 2007-1340
Application 09/996,125
implement a predictable variation, §103 likely bars its patentability." KSR,
127 S. Ct. at 1740, 82 USPQ2d at 1396.
In particular, the design incentive of solving the problem of latency
would have prompted one of ordinary skill in the art to implement a
predictable variation of the prior art system of Gong by applying the known
principle of giving control to the user, disclosed in Acharya, to allow the
user, rather than the browser, to point to selected designated portions of a
cached Web page and only load those designated portions. The differences
between the claimed invention and the prior art are encompassed by
applying the known principle of giving control to the user to the system of
Gong.
One of ordinary skill in the art, in view of the design incentives to
solve the problem of latency, would have implemented the claimed variation
of the prior art system of Gong. Also, the claimed variation would have
been predictable to a person of ordinary skill in the art. As previously noted,
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.
28
Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: September 9, 2013