Appeal No. 1997-3206
Application No. 08/350,274
cert. denied, 475 U.S. 1017 (1986); ACS Hosp. Sys., Inc. v.
Montefiore Hosp., 732 F.2d 1572, 1577, 221 USPQ 929, 933 (Fed.
Cir. 1984). These showings by the Examiner are an essential
part
of complying with the burden of presenting a prima facie case
of
obviousness. Note In re Oetiker, 977 F.2d 1443, 1445, 24
USPQ2d
1443, 1444 (Fed. Cir. 1992).
In applying the Brown reference against the limitations
of independent claims 1, 12, and 23, the Examiner recognizes
that Brown has no explicit teaching of an “integrated visual
indication of a progressive sequence of execution . . . ” of
the displayed instructions of a software code. Nevertheless,
the Examiner, as the basis for the obviousness rejection,
asserts the obviousness to the skilled artisan of using
Brown’s color coding scheme for establishing nesting hierarchy
to provide such a progressive execution sequence indication.
As support for such a conclusion, the Examiner’s line of
reasoning (Answer, page 4) is set forth as follows: “one of
ordinary skill in the art, using
7
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