Appeal No. 1999-2716
Application 08/561,178
facie case with argument and/or evidence. Obviousness is then
determined on the basis of the evidence as a whole and the
relative persuasiveness of the arguments. See Id.; In re
Hedges, 783 F.2d 1038, 1039, 228 USPQ 685, 686 (Fed. Cir.
1986); In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788
(Fed. Cir. 1984); and In re Rinehart, 531 F.2d 1048, 1052, 189
USPQ 143, 147 (CCPA 1976). Only those arguments actually made
by appellant have been considered in this decision. Arguments
which appellant could have made but chose not to make in the
brief have not been considered [see 37 CFR § 1.192(a)].
With respect to representative, independent claim 20,
the examiner indicates how the claim recitations are met by
the teachings of the Feature Guide [rejection mailed July 10,
1998, pages 3-4]. The examiner notes that the Feature Guide
does not explicitly show the list of parameters for sorting
displayed within the query dialog box, but instead, the
Feature Guide shows a sort button for presumably calling up an
additional sort window. The examiner determines that it would
have been obvious to the artisan to combine the contents of
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