Appeal No. 1997-4351 Page 6
Application No. 08/435,375
the same, and windows are returned to their original positions
based upon the record 40, or indirectly based upon the list
27.” The examiner’s position appears to indicate that the
timer in Bates can be turned off, in which case the windows
will always return to an original position in a cascade when
deactivated. However, while the timer in Bates can be reset,
we find no evidence within the Bates disclosure that the timer
can be permanently deactivated in order to provide for a return
to original position of windows in a cascade. A review of the
flowchart in Figure 5C indicates that once the window timing is
turned off, at box 165, certain events take place, indicated by
boxes 166, 168 and 169, but that, eventually, the process must
return to box 170 which indicates a turning on of the window
timing. Thus, while the timer in Bates may be reset, it does
not appear capable of being permanently turned off. Even
assuming, arguendo, that the timer in Bates can be permanently
disabled, we find no evidence in Bates that such an occurrence
would result in closed windows reverting to an original
position within the window cascade, as required by the instant
claims.
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