Appeal 2007-1050
Application 10/058,360
relational and positional sense. In addition to these advantages, the patent to
Berry characterizes the help as meaningful, providing less confusion to the
user and certainly providing a friendlier user interface. These same
principals are summarized at column 6, lines 58 through 60 of Berry.
Dazey provides corresponding teachings and showings in figures 4
through 6 and their corresponding columnar discussions. At the same time
as information is displayed in an application environment in work space 50
of figure 4, the help pane 70 is displayed to the right when requested by the
user. Of particular note here is the capability of activating the table of
contents button 80 and/or the show index button 90 in figures 4 through 6.
The index to help content information is illustrated, as relied upon by the
Examiner, as element 92 in figure 6. The advantages are set forth in the
Summary of the Invention at column 2 and summarized in the paragraph at
the bottom of column 6 of Dazey. In fact, the discussion in the Summary of
the Invention at column 2, lines 25 through 28 indicate that the use of a help
pane avoids the use of hidden application windows when a help pane has
been used in the prior art, thus obviating the disadvantages of the prior art
noted in the Background of the Invention at column 1.
Appellants’ references to the background discussion at column 1 of
Dazey at pages 17 and 18 of the principal Brief on appeal and at pages 2 and
3 of the Reply Brief, presented to us in context of teaching away from the
proposed combination, are clearly misplaced. The discussion at column 1 of
Dazey is not to be attributed to the teachings of Dazey per se, whereas
Dazey plainly teaches that those are known disadvantages in the art
discussed at column 1 that his invention addresses and overcomes. Rather
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