Ex parte STEPHEN P. CAPPS, et al. - Page 4





               Appeal No. 94-3636                                                                                                  
               Application 07/889,660                                                                                              

            formed of areas 81a for storing broad sort names such as a primary menu, areas 81b for storing                         
            detailed sort names such as a secondary menu, and areas 81c for storing retrieval items (column 3,                     
            lines 35-45).  Information is retrieved by an operator as shown in figure 6 (where the lower boxes 42-                 
            45 represent screen displays) in a manner that corresponds to information retrieval in a file cabinet                  
            (column 4, lines 29-42).  Registration (initial storage) of information in the system is described, in                 
            part, as follows (column 6, lines 47-51, referring to figure 12):  "the operator inputs secondary                      
            information formed by a title and a keyword corresponding to the primary information from a                            
            keyboard 1, and inputs a registration run command from the keyboard 1 at a step S35."                                  
                    Claims 1 and 5-14 stand rejected under 35 U.S.C. § 102(b) as being anticipated by Kita.   The3                        

            examiner's rejection is stated in the Examiner's Answer, pages 10-11, and repeated in the Supp.                        
            Examiner's Answer, pages 4-5.                                                                                          
















                  3                                                                                                                
                 Since Kita issued after the filing date of the subject application, the proper statutory basis for                
               the rejection is 35 U.S.C. § 102(e), not § 102(b).                                                                  
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