Ex parte HENSHAW - Page 7




          Appeal No. 1997-1253                                                          
          Application No. 08/165,430                                                    


          desktop.  Therefore, we do not sustain the anticipation                       
          rejection of claims 13 and 15 or of claims 14 and 16 which                    
          depend therefrom.                                                             
          With respect to independent claim 17, appellant argues                        
          that Bloomfield does not meet the claimed recitation of                       
          accessing a desired window without changing the hierarchy of                  
          windows [brief, pages 11-12].  The examiner considers the                     
          indented listings of windows 106 and 110 of Bloomfield as                     
          meeting this claim limitation.  We again agree with appellant.                
          The windows showing indented information in Bloomfield have                   
          nothing to do with the hierarchy of windows on the desktop.                   
          If an open window is selected in Bloomfield to become the                     
          active window, that selected window moves to the top of the                   
          order and the hierarchy of the windows on the desktop is                      
          changed.  The graphical user interface of Bloomfield does not                 
          permit the user to access a window without changing the                       
          hierarchy of the windows.  Therefore, we do not sustain the                   
          anticipation rejection of claim 17 or of claims 18-21 which                   
          depend therefrom.                                                             
          In summary, we have not sustained the examiner’s                              
          rejection of any of claims 1-21 under 35 U.S.C. § 102.                        
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