Ex Parte Carey - Page 6

               Appeal 2007-1440                                                                             
               Application 09/920,481                                                                       
                                                                                                           
               an inquiry-response transaction is initiated” as claimed (emphasis added).                   
               Appellant emphasizes that skilled artisans would necessarily construe the                    
               term “email” as entirely incongruent with the term “hyperlink.”  In support                  
               of this argument, Appellant argues that email messages are distinct from                     
               HTTP request messages in view of, among other things, their different                        
               protocols.  Appellant also contends that, unlike email messages, HTTP                        
               request messages are composed by the user’s browser client software                          
               responsive to certain user actions (Br. 6-8; Reply Br. 5-6).                                 
                      The Examiner argues that Gifford’s statement in column 7 regarding                    
               implementing an “electronic mail order system” at least suggests using email                 
               (Answer 11-12).  The Examiner further contends that since Appellant did                      
               not ascribe a special meaning to the term “email,” it is interpreted with its                
               plain meaning.  As such, the plain meaning of “email” does not preclude an                   
               HTTP request (Answer 12-13).                                                                 
                      We will sustain the Examiner’s rejection of representative claim 1.                   
               In Gifford’s network sales system, a buyer views an overview screen that is                  
               retrieved from a merchant computer.  The screen includes links 1, 2, and 3                   
               that, when activated, cause the buyer’s computer to take specified actions.                  
               As shown in Fig. 3, a document is retrieved with links 5, 6, and 7 that are                  
               used to purchase the products described by corresponding advertisements.                     
               (Gifford, col. 5, ll. 7-47; Figs. 2-5).                                                      
                      As shown in Fig. 6 of Gifford, when the user activates link 1, an                     
               HTTP request 20 results for a specific document with a specified URL.  The                   
               merchant computer then retrieves the document and returns it to the buyer                    
               computer (Gifford, col. 5, ll. 49-59).                                                       



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