Ex parte HERROD - Page 5




          Appeal No. 96-4029                                                          
          Application 08/386,604                                                      



                    Appellant argues on pages 5 and 6 of the brief that               
          Anthias fails to teach the claimed modified graphic orders.                 
          In particular, Appellant argues that the claims recite, for                 
          the list of modified graphic orders, a process to identify the              
          nonoverlapping portions of the lower priority window.  Once                 
          this has been identified, the nonoverlapping portions of the                
          first window are processed with graphic orders of the second                
          window to create, in one step, the list of modified graphic                 
          orders without having to override any of the priority windows.              
          Appellant argues that Anthias is concerned with overlapping                 
          windows without regard to the content of the windows and,                   
          therefore, does not disclose or teach the creation of modified              
          graphic orders as recited in Appellant's claims.                            
                    The Examiner responds to Appellant's argument on                  
          pages 5 and 6 of the answer.  The Examiner argues that Anthias              
          discloses in column 3, lines 52 through 62, that an ordered                 
          list is maintained of the active windows in priority order                  
          thereof.  The Examiner argues that Anthias therefore teaches                
          generating a modified graphic order list from overlapping                   



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