Ex Parte Uthe - Page 5

            Appeal Number: 2006-3172                                                                          
            Application Number: 10/420,685                                                                    

                   capability within a broader organizational graph in terms of its                           
                   superior and subordinate capabilities. There is also a need for the user                   
                   to be able to maintain the context of components within an                                 
                   organizational model in terms of the respective position of that                           
                   component in a structured hierarchic view of the organization.                             
                   (Col. 1, lines 44-52).                                                                     
                Therefore, we find the appellant's arguments to be unpersuasive as to the lack                
            of evidence to combine the references.                                                            
                As to whether the combined references actually would result in the claimed                    
            invention, however, we cannot agree with the examiner’s arguments.  The                           
            examiner argues that                                                                              
                   Hodgson shows (Figs. 1, 2 and 4) the nodes (12) having linkages or                         
                   inter-relations (14), wherein detecting a proximity event about a node                     
                   in the tree map and highlighting the nodes and drawing a linkage in                        
                   the tree map between nodes. See column 1, lines 19-42; column 3,                           
                   lines 23-27; column 4, lines 40-62; and column 5, lines 1-19.                              
                   (Answer 4).                                                                                
                We reviewed Hodgson, particularly the sections noted by the examiner,                         
            looking for the claimed subject matter identified by the examiner and found                       
            Hodgson lacking.  Hodgson essentially describes presenting two different                          
            graphical displays of the same organizational information, and, when a node in one                
            of the displays is selected, highlighting the respective representation of that same              
            node in the other display.  (Col. 5, lines 10-19).  While Hodgson does indeed                     
            portray linkages among nodes (ref. 14 in figs. 2 and 4), these linkages are merely                
            part of the model itself, and not linkages drawn among nodes that have been                       
            determined to be inter-related to a node whose representation had a proximity                     
            event detected about it, as required by claim 1.  And while Hodgson does highlight                
            two representations of the same node, one of whose representations had a                          

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