Ex parte BURKARDT et al. - Page 4




                     Appeal No. 1998-2603                                                                                                                                              
                     Application 08/483,641                                                                                                                                            


                     MS Windows 3.0, “Microsoft Windows User’s Guide”, Microsoft                                                                                                       
                     Corporation, version 3.0, 1990, pp.55-56, 80-86.  (MsWin)                                                                                                         
                                           Claims 1, 3 through 5, 7 through 9 and 11 through 17                                                                                        
                     stand rejected under 35 U.S.C. § 103 as being unpatentable                                                                                                        
                     over MsWin in view of Beard.                                1                                                                                                     
                                           Rather than repeat the arguments of Appellants or                                                                                           
                     the Examiner, we make reference to the brief, reply brief and                                                                                                     
                     the answer for the details thereof.                                                                                                                               
                                                                                    OPINION                                                                                            
                                           After a careful review of the evidence before us, we                                                                                        
                     agree with the Examiner that claims 1, 3 through 5, 7 through                                                                                                     
                     9, 11 and 12 are properly rejected under 35 U.S.C. § 103.                                                                                                         
                     Thus, we will sustain the rejection of these claims but, we                                                                                                       
                     will reverse the rejection of remaining claims on appeal for                                                                                                      
                     the reasons set forth infra.                                                                                                                                      
                                           At the outset, we note that Appellants have                                                                                                 
                     indicated on page 4 of the brief the claims stand or fall                                                                                                         
                     together in three groups.  Group I includes claims 1, 3                                                                                                           
                     through 5, 7 through 9, 11 and 12.  Group II includes claims                                                                                                      


                                1 A rejection of claims 13 through 17 under 35 U.S.C. §                                                                                                
                     112, first paragraph, has been withdrawn (answer-page 3).                                                                                                         
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