Ex parte ESSLINGER et al. - Page 7




          Appeal No. 95-5061                                                          
          Application 07/825,979                                                      


          screen by displaying a graph in which the transaction is located,           
          moving a symbol on the displayed graph representing the single              
          transaction along arcs connecting nodes to which the transaction            
          flows, and terminating animation of the selected execution thread           
          when the transaction is blocked by the occurrence of a pre-                 
          defined event" as recited in Appellants' claim 1.  On page 20,              
          Raeder discloses program visualization in which the system                  
          displays graphics that represent code and data structures.                  
          Raeder fails to teach or suggest animating a selected execution             
          thread by moving a symbol on along an arc connecting nodes to               
          which the transaction flows and terminating the animation when              
          the transaction is blocked by an event.                                     
               The Federal Circuit states that "[t]he mere fact that the              
          prior art may be modified in the manner suggested by the Examiner           
          does not make the modification obvious unless the prior art                 
          suggested the desirability of the modification."  In re Fritch,             
          972 F.2d 1260, 1266 n.14, 23 USPQ2d 1780, 1783-84 n.14 (Fed. Cir.           
          1992), citing In re Gordon, 733 F.2d 900, 902, 221 USPQ 1125,               
          1127 (Fed. Cir. 1984).  "Obviousness may not be established using           
          hindsight or in view of the teachings or suggestions of the                 
          inventor."  Para-Ordnance Mfg. v. SGS Importers Int’l, 73 F.3d at           
          1087, 37 USPQ2d at 1239, citing W. L. Gore & Assocs., Inc. v.               

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