Ex parte MCFARLAND - Page 3




          Appeal No. 1997-4351                                       Page 3           
          Application No. 08/435,375                                                  


               Claims 1 through 7 stand rejected under 35 U.S.C. 103 as               
          unpatentable over Bates.                                                    


               Reference is made to the brief and answer for the                      
          respective positions of appellant and the examiner.                         


                                       OPINION                                        


               We reverse.                                                            


               The subject matter of instant claim 1 requires the return              
          of a window to its original position among a plurality of                   
          cascaded windows based upon a generated list which provides the             
          order of the plurality of cascaded windows and an indicator of              
          whether each of the windows is currently in its respective,                 
          original, cascaded position.  While a little broader,                       
          independent claim 4 still requires placing a first window                   
          behind a second window after the first window has been opened               
          and is being returned to a first portion of the display wherein             
          the placement of the first window behind the second window in               
          the first portion of the display is based upon a generated list             







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