Appeal No. 96-1842
Application 08/193,356
responds that the distance from the cursor 20 to the side of
the help window does not change when the cursor 20 is moved in
Berry [answer, page 9].
We again agree with appellant that the examiner has
misconstrued both the scope of the claims and the teachings of
Berry. We again observe that each of the independent claims
recites that both the horizontal and vertical distances are
maintained between the second window and the selected point on
the display. Berry simply does not teach or suggest this
feature. The help window of Berry does not move in horizontal
and vertical step with the selected point. While the help
window
may move in response to movement of the insertion point, the
movement is not required to maintain horizontal and vertical
distances as recited in the independent claims.
Since the examiner has again failed to properly
identify the differences between the invention of the
independent claims and Berry, the examiner has provided no
analysis as to why these differences would have been obvious
to the artisan in view of the prior art. Therefore, the
examiner has failed to establish a prima facie case of the
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