Ex parte LISTOU - Page 8




          Appeal No. 1999-2716                                                        
          Application 08/561,178                                                      


          improper hindsight [reply brief].                                           
          After a careful review of the entire record before us,                      
          we agree with the position argued by appellant.  Although we                
          do not agree with all of appellant’s arguments noted above, we              
          do agree with the argument numbered 2) above and find it to be              
          dispositive of this appeal.                                                 
          The independent claims recite that the query dialog                         
          box displays a plurality of parameters associated with the                  
          text data objects, values for these parameters and a space for              
          selecting a sort order from the displayed parameters.  The                  
          examiner views the invention as basically nothing more than                 
          the screen shown on page 86 of the Feature Guide with the sort              
          button of that screen replaced by whatever screen is brought                
          up by pressing the sort                                                     




          button.  In other words, the examiner views the invention as a              
          trade off between clutter within a given screen or window and               
          the use of additional screens or windows.  We are of the view               
          that the claimed invention requires more than this mere                     
          substitution based on clutter.                                              
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