Appeal No. 1998-2603
Application 08/483,641
be dynamic (i.e., system initiated). Lack of novelty is the
ultimate of obviousness. See In re Fracalossi, 681 F.2d 792,
794, 215 USPQ 569, 571 (CCPA 1982). The Board may rely on one
reference alone in an obviousness rational without designating
it as a new ground of rejection. In re Bush, 296 F.2d 491,
496, 131 USPQ 263, 266-67 (CCPA 1961); In re Boyer, 363 F.2d
455, 458, n.2, 150 USPQ 441, 444, n.2 (CCPA 1966). The
Examiner’s explanation of dynamic positioning in Beard is
considered cumulative.
Appellants argue that Beard and MsWin teach a
“single layout” in which each group window consists of a
single layout region. Appellants contend this contrasts with
their “multiple layout” approach in which each view has a
plurality of regions with independently defined positioning
patterns. (Brief-page 10.)
We agree with the Examiner that the MsWin program
manager, page 85 (e.g., lower figure), represents a view, with
multiple regions (i.e., Games, Accessories, Main). The
windows of Games, Accessories and Main can be viewed as
multiple regions. At column 1, lines 45-50, Beard states:
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