Appeal No. 1997-1199
Application No. 08/309,366
We have studied the applied two references. We can agree
with the Examiner that the suggested combination could be seen
to show the claimed template area which comprises a template
types pane and a template pane; for example, elements 9 and 8
in Sanchez-Frank are a template types pane and a template
pane, respectively. Furthermore, since claim 1 does not
claim the steps in sequence (the displaying icons step appears
after the selecting step), claim 1 does not exclude the
existence of the template types pane and the template pane
appearing sequentially, rather than simultaneously.
Therefore, we find that Tyne shows a template types pane in
fig. 13.1 and a template pane in fig. 12.11. The two panes
together would comprise the claimed template area, keeping in
mind that the two panes are not required to have any
relationship in time or by any physical boundaries, such as
being adjacent to each other. Thus, the combination of Tyne
and Sanchez-Frank results in the claimed template area.
However, the Examiner’s position is not sustainable beyond
that.
We agree with Appellants that neither Sanchez-Frank nor
Tyne show the claimed groups of attributes. At best, we may
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