Ex Parte McBrearty et al - Page 30

                Appeal 2007-1340                                                                               
                Application 09/996,125                                                                         
                      However, Acharya does not specifically teach that the user-selected                      
                portion of a Web page is a portion of a cached Web page.  (FF 11.)    In                       
                Acharya, the computer program -- rather than the user -- decides whether to                    
                select a cached version of the file or generate a new version of the file.  (FF                
                5, 7-9.)  Nevertheless, as discussed above, we conclude that the differences                   
                between the claimed invention and the prior art are not sufficient to render                   
                claim 1 nonobvious to a person having ordinary skill in the art at the time the                
                invention was made.                                                                            
                      Appellants also argue that the Examiner relied on an incorrect                           
                interpretation of the term "digitally pointing" in finding that the term                       
                "digitally pointing" reads on a user selecting a hyperlink.  (Br. 5; Reply Br.                 
                4.)  Specifically, Appellants argue that "[t]here is a very distinct difference                
                between clicking on an object and digitally pointing to it (hovering over it or                
                using a "mouseover")."  (Br. 5.)  We do not agree.                                             
                      The Examiner found that Acharya discloses digitally pointing to                          
                selected designated portions of the cached document.  (Answer 3.)  The                         
                Examiner pointed to column 4, lines 46-53 of Acharya, which discloses user                     
                selection of a hyperlink on a Web page and downloading the desired version                     
                of the selected document.  (Answer 3.)  The Examiner also noted without                        
                any additional discussion that "[f]urther support for this rationale is found in               
                Acharya, column 9, lines 9-48."  (Answer 6.)  This portion of Acharya cited                    
                by the Examiner discusses the process illustrated in Figure 4 for selecting a                  
                version of a file and loading the selected version of the file (see FF 8-9).                   
                Although not expressly mentioned by the Examiner, we also draw attention                       
                to column 8, lines 61-64 and column 9, line 8 of Acharya, which explains                       
                more fully the "skeleton" structure of the Web page (see FF 8-9).                              

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