Appeal 2007-3518
Application 10/995,295
transmission. Montulli used cookies in an Internet browser for data
transmission. Further evidence of the use of Montulli in a web browser
is shown by the assignee of the Montulli patent, Netscape
Communications Corporation. See also the list of publications
submitted by Netscape during the examination of the Montulli patent,
which refer to the use of cookies, HTTP (a web transmission language),
and Internet browsers.
Thus the contentions of the Appellants present us with the issue of
whether the combination of Meyer and Montulli teach storing or
transmitting cookies as claimed in independent claims 4 and 7.
FINDINGS OF FACT
1. Meyer teaches a system for linking media with other multimedia
objects. For example a media file (music) may also contain an
identifier that can be used to establish a link with a message to a
server for additional data. (Col. 3, ll. 2-25).
2. The media files can be from packaged media such compact disks.
(Col. 6, l. 44).
3. The media files can also be downloaded over the Internet using a
browser. (Col. 6, l. 44, col. 9, ll. 16-18).
4. Meyers teaches that the identifier travels with the object through
distribution, and that when the media data is to be distributed over a
network, it is encoded in the media file before transmission. (Col. 3,
ll. 2-5, col. 6, ll. 39-42).
5. We find that one skilled in the art would recognize that downloading a
file (a file transfer) necessarily requires that the file be stored by the
receiving computer in some form of memory.
5
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