Appeal 2007-3518
Application 10/995,295
or queue before the microprocessor can utilize the data. The use of
memory units for electrical data bits eliminates the need for the use of
switches or cards in a computer, and can be traced to the earliest
appearances of transistors in the 1940s.
When data is transmitted, it must be stored in the physical
memory of the computer before it can be formulated into packets and
moved to the network. It is impossible to transmit data that is not in
some stored form in the computer. If the data was not in some form
of storage in the computer, then the data does not exist within the
computer and cannot be transmitted.
Appellant asked for evidence to back up the case for inherency.
The Office provided Johnson as one example of storage preceding
transmission in a computer. In Johnson, a buffer was explicitly shown
as a physical part of a network adapter preceding the network
interface. Johnson, Figure 3.
Thus for the rejection of claims 1 through 3, and 11 through 14, the
contentions of Appellants and the Examiner present us with the issue of
whether Meyer teaches directly or through the principles of inherency that
the browser stores the contents identifier as recited in Claim 1.
Rejection 35 U.S.C. § 103.
Appellants contend that the Examiner’s rejection of claims 4 through
10, and 16 through 21 under 35 U.S.C. § 103(a) is in error. Appellants argue
on pages 8 through 11 and 12 through 15 of the Brief, that the combination
of Meyer and Montulli does not teach or suggest the limitation of storing a
cookie as recited in claim 4 or receiving a cookie file as recited in claim 7.
In response the Examiner states, on page 7 of the Answer:
Montulli was the original patent for cookie technology, which became
notoriously well known in the art since 1998. Cookies were used for
any type of data transmission in the past decade. Both prior art
references were analogous. Meyer used an Internet browser for data
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