Appeal No. 1997-4351 Page 4
Application No. 08/435,375
indicating that the first window’s place is behind the second
window when both windows are in the first portion of the
display. Independent claim 6, the apparatus claim, indicates
that the windows are in a time-invariant order and that the
returned window object is returned to its original position,
relative to other window objects, based on information in a
data structure, said information being received by a processor.
The window display system of Bates cascades a plurality of
windows based on the amount of time a particular window has
been active, with the most active window being on top (i.e.,
“in focus”) and the other windows being positioned behind the
top window, in descending order of time of activity. Thus,
rather than being time-invariant, the positions of the windows
in Bates are very much dependent on time.
It is the examiner’s position [answer-page 4] that a
window will be returned to its original position “if the amount
of active time of all windows remain the same, or the different
[sic, difference] between the amount of active time is not
enough to change the display order of the windows.” Although
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