Ex parte COLEY et al. - Page 4

          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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