Ex Parte Burleson

Board of Patent Appeals and Interferences

Mar 16, 2006

09732741 (B.P.A.I. Mar. 16, 2006)

The opinion in support of the decision being entered today was
not written for publication and is not binding precedent of the
Board.
UNITED STATES PATENT AND TRADEMARK OFFICE
______________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_______________
Ex parte WINSLOW S. BURLESON
_______________

Appeal No. 2006-0947
Application No. 09/732,741
_______________
ON BRIEF
_______________
Before HAIRSTON, KRASS, and MACDONALD, Administrative Patent
Judges.
HAIRSTON, Administrative Patent Judge.
DECISION ON APPEAL
This is an appeal from the final rejection of claims 1
through 7, 13 through 18 and 24 through 29.
The disclosed invention relates to a system and method for
creating associated commentary for a public bookmark Web page.
The associated commentary includes different comments for
different groups that will be reviewing the public bookmark Web
page.
Appeal No. 2006-0947
Application No. 09/732,741
2
Claim 1 is illustrative of the claimed invention, and it
reads as follows:
1. A system for creating bookmarks of pages found within a
network, said pages being displayed on a browser, said system
comprising:
a graphic user interface comprising at least one button
adapted to automatically add a bookmark address of a page being
currently displayed on said browser and associated commentary to
a public bookmark Web page, wherein said associated commentary
includes different comments for different groups that will be
reviewing said public bookmark Web page; and
an automatic page creator adapted to create said public
bookmark Web page.
The reference relied on by the examiner is:
Adar et al. (Adar) 6,493,702 Dec. 10, 2002
(filed May 5, 1999)
Claims 1 through 7, 13 through 18 and 24 through 29 stand
rejected under 35 U.S.C. § 102(e) as being anticipated by Adar.
Reference is made to the brief and the answer for the
respective positions of the appellant and the examiner.
OPINION
We have carefully considered the entire record before us,
and we will reverse the anticipation rejection of claims 1
through 7, 13 through 18 and 24 through 29.
The examiner is of the opinion (answer, page 3) that “Adar
discloses that the associated commentary includes different
comments for different groups that will be reviewing the public
Appeal No. 2006-0947
Application No. 09/732,741
3
bookmark web page (column 13, lines 31-65).” As an example, the
examiner indicates (answer, page 6) that “a bookmark category of
‘Java’ is related to the group having an interest in Java
programming language group.”
The appellant argues (brief, page 8) that:
[N]one of the drawings or any of the text of Adar
reveals the ability to include different comments
directed to different groups for each of the bookmarks.
It is appellant’s position that Adar does not actually
provide a comments section, but merely allows the
bookmarks to include titles. Further, even if the
‘title’ section in Adar could be interpreted as a
‘commentary’ section, Adar does not allow different
groups to review different comments with respect to the
bookmarks. Instead, all groups viewing a user’s public
bookmark page (using the system in Adar) will all see
the same title, regardless of which group member is
viewing the bookmark.
We agree with appellant’s argument. All of the groups
viewing the bookmark “Java” will only see “Java.” Thus, the
anticipation rejection of claims 1 through 7, 13 through 18 and
24 through 29 is reversed because Adar does not disclose
“different comments for different groups” as required by all of
the claims on appeal.
DECISION
The decision of the examiner rejecting claims 1 through 7,
13 through 18 and 24 through 29 under 35 U.S.C. § 102(e) is
reversed.
Appeal No. 2006-0947
Application No. 09/732,741
4
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
ERROL A. KRASS ) APPEALS
Administrative Patent Judge ) AND INTERFERENCES
)
)
)
)
ALLEN R. MACDONALD )
Administrative Patent Judge )
KWH/kis
Appeal No. 2006-0947
Application No. 09/732,741
5
FREDERICK W. GIBB, III
GIBB INTELLECTUAL PROPERTY LAW FIRM, L.L.C.
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