Appeal No. 1998-0937 Page 4
Application No. 08/415,911
or suggest the claimed “first and second control sheets being
selectively active on the information display interface.”
Display 8 in Figure 2 of Schwob is merely a display on the
receiver. There are no “control sheets,” as claimed, and there
clearly is no single control panel which is “contemporaneously
located on both the first and second control sheets” [claim 8]
or a control panel which is located on the first control sheet,
the same control panel also being located on the second control
sheet [claim 1].
With regard to the control panel being contemporaneously
located on the first and second control sheets, the examiner’s
response to appellants’ argument in this regard is that the
references “meet the limitation in claims 1-14, but not the
description in the specification” [answer-page 6], clearly
indicating examiner’s position to be that this limitation is
not claimed. However, both independent claims 1 and 8 clearly
do, in fact, set forth this limitation. Since the examiner has
failed to take such claim limitation into account, no prima
facie case of obviousness is made out.
Torres is applied for the teaching of overlapping files on
a computer screen with the current file on top. It is
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