Ex Parte BATES et al - Page 6



          Appeal No. 2003-1328                                                        
          Application No. 09/007,493                                                  

          suggestions in Tyler.  We also agree with Appellants (reply                 
          brief, page 2) that the ability of the user to make modifications           
          to the display position is not sufficient to show a suggestion or           
          motivation to modify the teachings of Tyler.                                
               In view of our analysis above, we find that the Examiner has           
          failed to set forth a prima facie case of obviousness with                  
          respect to claim 1 and the other independent claims 23-25 and 35            
          as the necessary teachings and suggestions related to the claimed           
          adjusting of the display position based on the determined                   
          positions are not shown.  Accordingly, we do not sustain the                
          35 U.S.C. § 103 rejection of independent claims 1, 23-25 and 35,            
          nor of claims 2-22, 26-34, 36 and 37, dependent thereon.                    













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