Appeal No. 1997-2678
Application No. 08/347,270
[sic] have no correlation to the specific claimed features”
[answer-page 7].
We now turn to the rejection of the claims under 35
U.S.C.
§ 103.
We have reviewed our prior decision of July 31, 1991 in
Appeal No. 91-1232, as well as the arguments of appellant and
the examiner, the declaration of Lois Van Ewijk and the
decisions of the District Court and the Federal Circuit
[Lockwood v. American Airlines Inc., 107 F.3d 1565, 41 USPQ2d
1961 (Fed. Cir. 1997)] affirming the invalidity of U.S. Patent
No. 4,359,631 to Lockwood and we conclude that, in the instant
case, the examiner has failed to establish a prima facie case
of obviousness with regard to the claimed subject matter.
Accordingly, we will not sustain the rejection under 35 U.S.C.
§ 103.
We agree with the examiner that Lockwood generally
discloses an interactive system similar to that claimed in
that the menu-driven system of Lockwood does disclose
“operational sequencing lists of program instructions” since
there is a program which operates to sequentially present
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