Ex Parte WASHINGTON et al - Page 3




              Appeal No. 1999-2615                                                                                        
              Application No. 08/644,120                                                                                  

                     Li et al. (Li)                             5,555,370             Sep. 10, 1996                       
                                                                              (filed Dec. 28, 1993)                       
                     Cain et al. (Cain)                         5,651,108             Jul.   22, 1997                     
                                                                              (filed Jan.  11, 1996)                      
                     Claims 31-73 stand rejected under 35 U.S.C. § 103 as unpatentable over Cain in                       
              view of Li.                                                                                                 
                     Reference is made to the briefs and answer for the respective positions of                           
              appellants and the examiner.                                                                                
                                                       OPINION                                                            
                     At the outset, we note our decision in related Appeal No. 99-2641.                                   
                     It is the examiner’s position that Cain discloses the instant claimed subject                        
              matter but for applying a change to the first internal control object if the change is                      
              desired to be applied to the first internal control object.  The examiner then turns to Li                  
              for such a teaching, identifying column 4, lines  3-29, and Figures 9 and 11 of Li.                         
              Finally, the examiner concludes that it would have been obvious to provide applying a                       
              change to the first internal control object if the change is desired in the Cain system “in                 
              order permitting a user to efficiently create an application utilizing a plurality of objects               
              in a graphic user interface graphically presents objects to the user in the GUI and                         


              providing facility for cutting and pasting object while preserving any attach properties                    
              and methods” [sic] [answer-page 4].                                                                         
                     We find that the examiner has failed to establish a prima facie case of                              
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