IconFind, Inc. v. Google, Inc.

Filing 66

SECOND AMENDED ANSWER to 1 Complaint with Jury Demand, COUNTERCLAIM against IconFind, Inc. by Google, Inc.. (Attachments: # 1 Exhibit 1, # 2 Appendix A, # 3 Appendix B, # 4 Appendix C, # 5 Appendix D, # 6 Appendix E, # 7 Appendix F, # 8 Appendix G, # 9 Appendix H, # 10 Appendix I, # 11 Appendix J, # 12 Appendix K)(Malecek, Michael)

APPENDIX F
U.S. Pat. No. 7,181,459

Cole

1. A computer implemented
method of categorizing a
network page, comprising:

Cole discloses a categorizing system for network pages, implemented
on a computer: “A computer system identifies web pages of interest
to a client. The system comprises a cataloging function which defines
a hierarchy of subject categories, logically arranges a multitude of
web pages in the categories and periodically adds web pages to the
categories.” Cole at Abstract; Cole at col. 2, ll. 35-41.

[a] providing a list of categories,
wherein said list of categories
include a category for
transacting business and a
category for providing
information, and wherein said
list of categories include a
category based on copyright
status of material on a page;

Cole discloses providing a list of categories: “The system comprises a
cataloging function which defines a hierarchy of subject categories,
logically arranges a multitude of web pages in the categories and
periodically adds web pages to the categories.” Cole at col. 2, ll. 3541.
“The cataloging form supports both hierarchical and key word
searching, and lists the broad categories 42—recreation, arts,
business, science, education . . . obtained from the cataloging
function.” Cole at col. 4, ll. 35-38.
The inventors of the’459 patent attempted to distinguish their
purported invention from Cole by claiming that they have created
novel categories while admitting that their method for categorizing
network pages was not novel. See Amendment In Response To NonFinal Office Action, April 10, 2006 at 10 (“Merely describing the
ability to create various categories does not render the element of
creating categories based on the copyright status of material on a
Page obvious [. . . ]. This claim limitation is not only about having a
copyright category; it is also about creating categories based on the
copyright status of material on a page.”).
Creating categories for “transacting business,” “providing
information,” and a category based on the copyright status of material
on a page were known element prior to August 9, 2001. Their
combination with the Cole system is a combination of known
elements that yields predictable results and is thus obvious. See KSR
Intern. Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739 (2007) (“The
combination of familiar elements according to known methods is
likely to be obvious when it does no more than yield predictable
results.”).
Categories for “transacting business” and “providing information”
were known elements prior to August 9, 2001 as evidenced by a
number of online directories. See, e.g., Yahoo!’s homepage from
February 8, 1999 available at

-1-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX F

http://web.archive.org/web/19990208021547/http://www.yahoo.com/;
see also Baeza-Yates at 10.4.2.1 (“There exist today many large
online text collections to which category labels have been assigned.
Traditional online bibliographic systems have for decades assigned
subject headings to books and other documents. MEDLINE, a large
collection of biomedical articles, has associated with it Medical
Subject Headings (MeSH) consisting of approximately 18,000
categories . The Association for Computing Machinery (ACM) has
developed a hierarchy of approximately 1200 category (keyword)
labels. Yahoo!, one of the most popular search sites on the World
Wide Web, organizes Web pages into a hierarchy consisting of
thousands of category labels.”); see, e.g., Baeza-Yates at 10.4.2.1
discussing MeSH categories and HiBrowse interface.
Categories based on copyright status were also known elements in the
field of categorization of online content prior to August 9, 2001. See,
e.g., Open Publication License v1.0, published June 8, 1999, available
at http://www.opencontent.org/openpub/; The Assayer: Help, publicly
available since at least February 2, 2001 at
http://www.theassayer.org/help.html (Listing the following categories
based on copyright status:
“0. Copyrighted, with a licensing agreement that prohibits selling or
permanent use (an anti-book)
1. Copyrighted, with no licensing agreement (a traditional book) [also
books on iUniverse]
2. Copyrighted, doesn't cost money to read, but otherwise not free
3. Public domain
4. Copylefted, but with restrictions on modification and/or sale
5. Copylefted: anyone can read, modify, and sell”).
[b] assigning said network page
to one or more of said list of
categories;

Cole discloses assigning network pages to one or more categories
provided by the system: “The system comprises a cataloging function
which defines a hierarchy of subject categories, logically arranges a
multitude of web pages in the categories and periodically adds web
pages to the categories.” Cole at col. 2, ll. 36-40.
“In the illustrated embodiment, 30 the key word search also utilizes
cataloging function 20, but alternately could use a different key-word
search engine provided the engine assigns a category to each data
web page and is periodically updated with new data web pages.” Cole
at col. 5, ll. 30-34; see also Cole at col. 9, ll. 5-9.
Assigning network pages to one or more categories was well know in
the art prior to August 9, 2001. See, e.g., Baeza-Yates at 10.4.2.1
(“Most interfaces that depict category hierarchies graphically do so
by associating a document directly with the node of the category

-2-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX F

hierarchy to which it has been assigned. For example, clicking on a
category link in Yahoo! brings up a list of documents that have been
assigned that category label. Conceptually, the document is stored
within the category label.”).
[c] providing a categorization
label for the network page using
the copyright status of material
on the network page; and

Cole discloses indicating the categorization label for the network
page to the user:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239) in
which case, the processing loops back to step 220. Each time the
client is furnished with the corresponding cataloging form comprising
hot links to a list of subcategories and hot links to data web pages.
However, at any category in the hierarchy which includes a hot link
to a data web page, the client can also select the hot link to the data
web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at
col. 8, ll. 56-64; Cole at Fig. 5.
“These results [from step 332 of Fig. 7] include a list of titles of the
data web pages which include the key word and the category of each
of the data web pages referenced by the hot links. Then, profile
building function adds the header and footer to the results and sends
the html to client 12 (step 334).” Cole at col. 5, ll. 54-59; see also
Cole at col. 9, ll. 21-27.
Indicating the categorization label using the copyright status was well
known in the art prior to August 9, 2001. See, e.g., the copyright
notice at the bottom of HTML 4.0 (“Copyright © 1997 W3C (MIT,
INRIA, Keio ), All Rights Reserved.”).

[d] controlling usage of the
network page using the
categorization label and the
copyright status of the network
page.

Cole discloses “providing indicia” of the categorization label for the
network page to the user:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239) in
which case, the processing loops back to step 220. Each time the
client is furnished with the corresponding cataloging form comprising
hot links to a list of subcategories and hot links to data web pages.
However, at any category in the hierarchy which includes a hot link
to a data web page, the client can also select the hot link to the data
web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at
col. 8, ll. 56-64; Cole at Fig. 5.
“These results [from step 332 of Fig. 7] include a list of titles of the
data web pages which include the key word and the category of each
of the data web pages referenced by the hot links. Then, profile

-3-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX F

building function adds the header and footer to the results and sends
the html to client 12 (step 334).” Cole at col. 5, ll. 54-59; see also
Cole at col. 9, ll. 21-27.
Providing indicia of the categorization label using the copyright status
was well known in the art prior to August 9, 2001. See, e.g., the
copyright notice at the bottom of HTML 4.0 (“Copyright © 1997
W3C (MIT, INRIA, Keio ), All Rights Reserved.”).
6. The method of claim 1,
wherein said plurality of
categories based on the
copyright status of material on a
page comprise categories related
to public domain, fair use only,
use with attribution, and
permission of copyright owner
needed.

The claimed categories are obvious permutations of copyright
categories known prior to August 9, 2001. See, e.g., Open
Publication License v1.0, published June 8, 1999, available at
http://www.opencontent.org/openpub/; The Assayer: Help, publicly
available since at least February 2, 2001 at
http://www.theassayer.org/help.html.

9. The method of claim 1,
wherein said categories include:
a plurality of categories based
on the copyright status of the
material on a page.

A plurality of categories based on copyright status of material is
obvious in view of known prior to August 9, 2001. See, e.g., Open
Publication License v1.0, published June 8, 1999, available at
http://www.opencontent.org/openpub/.

16. The method of claim 1,
further comprising providing an
indicium for each of said
categories.

Cole discloses providing an indicium for each of the categories:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239) in
which case, the processing loops back to step 220. Each time the
client is furnished with the corresponding cataloging form comprising
hot links to a list of subcategories and hot links to data web pages.
However, at any category in the hierarchy which includes a hot link
to a data web page, the client can also select the hot link to the data
web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at
col. 8, ll. 56-64; Cole at Fig. 5.
Providing indicia of the categorization label using the copyright status
was well known in the art prior to August 9, 2001. See, e.g., the
copyright notice at the bottom of HTML 4.0 (“Copyright © 1997
W3C (MIT, INRIA, Keio ), All Rights Reserved.”); see also, e.g.,
Baeza-Yates at 10.4.2.1 (“Most interfaces that depict category
hierarchies graphically do so by associating a document directly with
the node of the category hierarchy to which it has been assigned. For
example, clicking on a category link in Yahoo! brings up a list of

-4-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX F

documents that have been assigned that category label. Conceptually,
the document is stored within the category label.”); Baeza-Yates
discussion of the Cat-a-Cone interface at § 10.8.6.
17. The method of claim 16,
An indicium comprised of an icon would have been obvious to one
wherein said indicium comprises skilled in the art in because icons were commonly used to represent
an icon.
text in computer applications and web pages in 2001.
19. The method of claim 1,
further comprising providing a
categorization code that can be
used to label the page with the
categorization label that
indicates the categories to which
the page is assigned.

Cole discloses providing a hierarchy to create a label for each of the
categories:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239) in
which case, the processing loops back to step 220. Each time the
client is furnished with the corresponding cataloging form comprising
hot links to a list of subcategories and hot links to data web pages.
However, at any category in the hierarchy which includes a hot link
to a data web page, the client can also select the hot link to the data
web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at
col. 8, ll. 56-64; Cole at Fig. 5.
A categorization code that could be used to label network pages and
indicate the categories to which the pages is assigned was well known
in the art prior to August 9, 2001. See, e.g., Open Publication License
v1.0, published June 8, 1999, available at
http://www.opencontent.org/openpub/.

20. The method of claim 19,
Cole discloses providing an indicium for each of the categories:
wherein said categorization code
comprises an indicium for each
“Typically, the client will proceed further down the hierarchy by a
of said categories.
repetition of selections from the current web page (decision 239) in
which case, the processing loops back to step 220. Each time the
client is furnished with the corresponding cataloging form comprising
hot links to a list of subcategories and hot links to data web pages.
However, at any category in the hierarchy which includes a hot link
to a data web page, the client can also select the hot link to the data
web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at
col. 8, ll. 56-64; Cole at Fig. 5.
Providing indicia of each category in the categorization code was well
known in the art prior to August 9, 2001. See, e.g., the copyright
notice at the bottom of HTML 4.0 (“Copyright © 1997 W3C (MIT,
INRIA, Keio ), All Rights Reserved.”).

-5-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX F

21. The method of claim 20,
Cole provides that the category hierarchy may be stored in a database
wherein said indicium comprises and the first two letters of the code may be used to designate the
two letters.
category. Cole at col. 4, ll. 10-11.
22. The method of claim 20,
wherein said categorization label
includes the indicia for each
category to which a page is
assigned.

Cole discloses providing an indicium for each of the categories:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239) in
which case, the processing loops back to step 220. Each time the
client is furnished with the corresponding cataloging form comprising
hot links to a list of subcategories and hot links to data web pages.
However, at any category in the hierarchy which includes a hot link
to a data web page, the client can also select the hot link to the data
web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at
col. 8, ll. 56-64; Cole at Fig. 5.
Providing indicia of the categorization label using the copyright status
was well known in the art prior to August 9, 2001. See, e.g., the
copyright notice at the bottom of HTML 4.0 (“Copyright © 1997
W3C (MIT, INRIA, Keio ), All Rights Reserved.”).

27. The method of claim 19,
further comprising making said
categorization label recognizable
by a search engine.

All text on a network page is “recognizable” by a search engine, so
the copyright notice at the bottom of many web pages prior to August
9, 2001 meet this limitation. See, e.g., the copyright notice at the
bottom of HTML 4.0 (“Copyright © 1997 W3C (MIT, INRIA, Keio ),
All Rights Reserved.”).

28. The method of claim 1,
further comprising making said
categories to which a page is
assigned recognizable by a
search engine.

All text on a network page, including a label that indicates the
category to which a page is assigned, is “recognizable” by a search
engine, so the copyright notice at the bottom of many web pages prior
to August 9, 2001 meet this limitation. See, e.g., the copyright notice
at the bottom of HTML 4.0 (“Copyright © 1997 W3C (MIT, INRIA,
Keio ), All Rights Reserved.”).

29. The method of claim 1,
wherein said list of categories is
provided on a graphical user
interface.

The categories provided by the Open Public License were provided in
a web browser (i.e., a graphical user interface). See, e.g., Open
Publication License v1.0, published June 8, 1999, available at
http://www.opencontent.org/openpub/.

30. A computer implemented
method for categorizing a
network page, comprising:

Cole discloses a categorizing system for network pages, implemented
on a computer: “A computer system identifies web pages of interest
to a client. The system comprises a cataloging function which defines
a hierarchy of subject categories, logically arranges a multitude of
web pages in the categories and periodically adds web pages to the

-6-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX F

categories.” Cole at Abstract; Cole at col. 2, ll. 35-41.
[a] providing a list of categories,
wherein said list of categories
include a category for
transacting business and a
category for providing
information, and wherein said
list of categories include a
plurality of categories based on
the copyright status of material
on a page;

Cole discloses providing a list of categories: “The system comprises a
cataloging function which defines a hierarchy of subject categories,
logically arranges a multitude of web pages in the categories and
periodically adds web pages to the categories.” Cole at col. 2, ll. 3541.
“The cataloging form supports both hierarchical and key word
searching, and lists the broad categories 42—recreation, arts,
business, science, education . . . obtained from the cataloging
function.” Cole at col. 4, ll. 35-38.
The inventors of the’459 patent attempted to distinguish their
purported invention from Cole by claiming that they have created
novel categories while admitting that their method for categorizing
network pages was not novel. See Amendment In Response To NonFinal Office Action, April 10, 2006 at 10 (“Merely describing the
ability to create various categories does not render the element of
creating categories based on the copyright status of material on a
Page obvious [. . . ]. This claim limitation is not only about having a
copyright category; it is also about creating categories based on the
copyright status of material on a page.”).
Creating categories based on the copyright status of material on a
page were known element prior to August 9, 2001. Their
combination with the Cole system is a combination of known
elements that yields predictable results and is thus obvious. See KSR
Intern. Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739 (2007) (“The
combination of familiar elements according to known methods is
likely to be obvious when it does no more than yield predictable
results.”).
Categories for “transacting business” and “providing information”
were known elements prior to August 9, 2001 as evidenced by a
number of online directories. See, e.g., Yahoo!’s homepage from
February 8, 1999 available at
http://web.archive.org/web/19990208021547/http://www.yahoo.com/;
see also Baeza-Yates at 10.4.2.1 (“There exist today many large
online text collections to which category labels have been assigned.
Traditional online bibliographic systems have for decades assigned
subject headings to books and other documents. MEDLINE, a large
collection of biomedical articles, has associated with it Medical
Subject Headings (MeSH) consisting of approximately 18,000
categories . The Association for Computing Machinery (ACM) has
developed a hierarchy of approximately 1200 category (keyword)

-7-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX F

labels. Yahoo!, one of the most popular search sites on the World
Wide Web, organizes Web pages into a hierarchy consisting of
thousands of category labels.”); see, e.g., Baeza-Yates at 10.4.2.1
discussing MeSH categories and HiBrowse interface.

[b] providing a categorization
code for labeling the network
page with a categorization label,
wherein said categorization label
indicates a set of categories and
subcategories to which the
network page is assigned, and
wherein said categorization label
indicates the copyright status of
material on the network page;
and

Categories based on copyright status were also known elements in the
field of categorization of online content prior to August 9, 2001. See,
e.g., Open Publication License v1.0, published June 8, 1999, available
at http://www.opencontent.org/openpub/; The Assayer: Help, publicly
available since at least February 2, 2001 at
http://www.theassayer.org/help.html (Listing the following categories
based on copyright status:
“0. Copyrighted, with a licensing agreement that prohibits selling or
permanent use (an anti-book)
1. Copyrighted, with no licensing agreement (a traditional book) [also
books on iUniverse]
2. Copyrighted, doesn't cost money to read, but otherwise not free
3. Public domain
4. Copylefted, but with restrictions on modification and/or sale
5. Copylefted: anyone can read, modify, and sell”).
Cole discloses providing a categorization code for labeling a network
page:
“The flow chart of FIG. 11 illustrates automatic operations performed
by profile building server 510. Once each day, for example, at 2:00
AM (decision 600), profile building server 510 sends a request to the
catalog server 520 for data entries for all new URLs/web pages added
that day to the catalog server's database 35 (and hierarchy). Each data
entry includes a respective URL, descriptive information for the URL
such as its title or first paragraph, and the category in which the new
URL falls. Catalog server 520 returns the data entries to profile
building server 510 which stores the data entries with a date stamp for
each (step 602). Profile building server 510 stores the data entries
grouped by category.” Cole at col. 7, ll. 41-52.
Cole also discloses a categorization label indicating the categories to
which the page is assigned:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239) in
which case, the processing loops back to step 220. Each time the
client is furnished with the corresponding cataloging form comprising
hot links to a list of subcategories and hot links to data web pages.
However, at any category in the hierarchy which includes a hot link
to a data web page, the client can also select the hot link to the data
web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at

-8-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX F

col. 8, ll. 56-64; Cole at Fig. 5.

[c] controlling usage of the
network page using the
categorization label and the
copyright status of the network
page.

A categorization code that could be used to label network pages and
indicate the categories to which the pages is assigned was well known
in the art prior to August 9, 2001. See, e.g., Open Publication License
v1.0, published June 8, 1999, available at
http://www.opencontent.org/openpub/; The Assayer: Help, publicly
available since at least February 2, 2001 at
http://www.theassayer.org/help.html.
Cole discloses providing indicia of the categorization label for the
network page to the user:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239) in
which case, the processing loops back to step 220. Each time the
client is furnished with the corresponding cataloging form comprising
hot links to a list of subcategories and hot links to data web pages.
However, at any category in the hierarchy which includes a hot link
to a data web page, the client can also select the hot link to the data
web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at
col. 8, ll. 56-64; Cole at Fig. 5.
“These results [from step 332 of Fig. 7] include a list of titles of the
data web pages which include the key word and the category of each
of the data web pages referenced by the hot links. Then, profile
building function adds the header and footer to the results and sends
the html to client 12 (step 334).” Cole at col. 5, ll. 54-59; see also
Cole at col. 9, ll. 21-27.
Providing indicia of the categorization label using the copyright status
was well known in the art prior to August 9, 2001. See, e.g., the
copyright notice at the bottom of HTML 4.0 (“Copyright © 1997
W3C (MIT, INRIA, Keio ), All Rights Reserved.”).

31. A computer implemented
method of categorizing a
network page, comprising:

Cole discloses a categorizing system for network pages, implemented
on a computer: “A computer system identifies web pages of interest
to a client. The system comprises a cataloging function which defines
a hierarchy of subject categories, logically arranges a multitude of
web pages in the categories and periodically adds web pages to the
categories.” Cole at Abstract; see also Cole at col. 2, ll. 35-41.

[a] providing a list of categories,
wherein said categories include
a category based on the
copyright status of material on a
page, and wherein the copyright

Cole discloses providing a list of categories: “The system comprises a
cataloging function which defines a hierarchy of subject categories,
logically arranges a multitude of web pages in the categories and
periodically adds web pages to the categories.” Cole at col. 2, ll. 3541.

-9-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX F

status comprises categories
related to public domain, fair use
only, use with attribution, and
permission of copyright owner
needed;

“The cataloging form supports both hierarchical and key word
searching, and lists the broad categories 42—recreation, arts,
business, science, education . . . obtained from the cataloging
function.” Cole at col. 4, ll. 35-38.
The inventors of the’459 patent attempted to distinguish their
purported invention from Cole by claiming that they have created
novel categories while admitting that their method for categorizing
network pages was not novel. See Amendment In Response To NonFinal Office Action, April 10, 2006 at 10 (“Merely describing the
ability to create various categories does not render the element of
creating categories based on the copyright status of material on a
Page obvious [. . . ]. This claim limitation is not only about having a
copyright category; it is also about creating categories based on the
copyright status of material on a page.”).
Creating categories based on the copyright status of material on a
page were known element prior to August 9, 2001. Their
combination with the Cole system is a combination of known
elements that yields predictable results and is thus obvious. See KSR
Intern. Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739 (2007) (“The
combination of familiar elements according to known methods is
likely to be obvious when it does no more than yield predictable
results.”).

[b] assigning said network page
to one or more of a plurality of
said list of categories;

-10-

Categories based on copyright status were also known elements in the
field of categorization of online content prior to August 9, 2001. See,
e.g., Open Publication License v1.0, published June 8, 1999, available
at http://www.opencontent.org/openpub/; The Assayer: Help, publicly
available since at least February 2, 2001 at
http://www.theassayer.org/help.html (Listing the following categories
based on copyright status:
“0. Copyrighted, with a licensing agreement that prohibits selling or
permanent use (an anti-book)
1. Copyrighted, with no licensing agreement (a traditional book) [also
books on iUniverse]
2. Copyrighted, doesn't cost money to read, but otherwise not free
3. Public domain
4. Copylefted, but with restrictions on modification and/or sale
5. Copylefted: anyone can read, modify, and sell”).
Cole discloses assigning network pages to one or more categories
provided by the system: “The system comprises a cataloging function
which defines a hierarchy of subject categories, logically arranges a
multitude of web pages in the categories and periodically adds web
pages to the categories.” Cole at col. 2, ll. 36-40.

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX F

“In the illustrated embodiment, 30 the key word search also utilizes
cataloging function 20, but alternately could use a different key-word
search engine provided the engine assigns a category to each data
web page and is periodically updated with new data web pages.” Cole
at col. 5, ll. 30-34; Cole at col. 9, ll. 5-9.
[c] providing a categorization
label for the network page using
the copyright status of material
on the network page; and

Cole discloses indicating the categorization label for the network
page to the user:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239) in
which case, the processing loops back to step 220. Each time the
client is furnished with the corresponding cataloging form comprising
hot links to a list of subcategories and hot links to data web pages.
However, at any category in the hierarchy which includes a hot link
to a data web page, the client can also select the hot link to the data
web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at
col. 8, ll. 56-64; Cole at Fig. 5.
Indicating the categorization label using the copyright status was well
known in the art prior to August 9, 2001. See, e.g., the copyright
notice at the bottom of HTML 4.0 (“Copyright © 1997 W3C (MIT,
INRIA, Keio ), All Rights Reserved.”).

[d] controlling usage of the
network page using the
categorization label and the
copyright status of the network
page.

Cole discloses providing indicia of the categorization label for the
network page to the user:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239) in
which case, the processing loops back to step 220. Each time the
client is furnished with the corresponding cataloging form comprising
hot links to a list of subcategories and hot links to data web pages.
However, at any category in the hierarchy which includes a hot link
to a data web page, the client can also select the hot link to the data
web page (client step 241).” Cole at col. 5, ll. 13-21; see also Cole at
col. 8, ll. 56-64; Cole at Fig. 5.
“These results [from step 332 of Fig. 7] include a list of titles of the
data web pages which include the key word and the category of each
of the data web pages referenced by the hot links. Then, profile
building function adds the header and footer to the results and sends
the html to client 12 (step 334).” Cole at col. 5, ll. 54-59; see also
Cole at col. 9, ll. 21-27.
Providing indicia of the categorization label using the copyright status

-11-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX F

was well known in the art prior to August 9, 2001. See, e.g., the
copyright notice at the bottom of HTML 4.0 (“Copyright © 1997
W3C (MIT, INRIA, Keio ), All Rights Reserved.”).

-12-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX F