Appeal No. 1997-1199
Application No. 08/309,366
The references relied on by the Examiner are:
Sanchez-Frank et al. (Sanchez-Frank) 5,394,522 Feb. 28, 1995
(Filing date, Sep. 13,
1993)
Tyne, Maria (Tyne), OS/2: The Workplace Shell, A User’s Guide
and Tutorial for Release 2.0, (Computer Information
Associates, 1992), pp. 277-308.
Claims 1, 5 to 14 and 18 to 27 stand rejected under2
35 U.S.C. § 103 over Tyne and Sanchez-Frank.
Reference is made to Appellants’ brief and the Examiner's
answer for their respective positions.
OPINION
We have considered the record before us, and we will
reverse the rejection of claims 1, 5 to 14 and 18 to 27.
In rejecting claims under 35 U.S.C. § 103, it is
incumbent upon the Examiner to establish a factual basis to
support the legal conclusion of obviousness. See In re Fine,
837 F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). In
so doing, the Examiner is expected to make the factual
determinations set forth in Graham v. John Deere Co., 383 U.S.
2Note that in the claims attached to the brief as an
appendix, dependence of claims 5 and 6 should be on claim 1,
and that of claims 18 and 19 on claim 14, see amendment “A”
(paper no. 4).
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