Ex parte ANSBERRY et al. - Page 7




          Appeal No. 1998-2699                                                        
          Application 08/387,504                                                      


          'Applications must allocate colors by trial and error'. ... an              
          assumption that Nye automatically could send a No Operation                 
          request in place of an allocation request to those                          
          participants within a conference which do not support non-                  
          shareable color cell requests is an assumption which is not                 
          fairly suggested by this reference".                                        
               The Examiner further contends, final rejection at page 3,              
          that "[a]s to the last limitation [of claim 1], this an                     
          obvious method of achieving and [sic] obviously desirable                   
          result.  The desirable result is color consistency across all               
          participating                                                               
          platforms.  This method to achieve color consistency simply                 
          attempts to direct the more flexible participants to                        
          accommodate the least flexible.  The more flexible                          
          participants are naturally MORE LIKELY to accommodate the                   
          least flexible, rather than vice versa".  Appellants argue,                 
          brief at pages 6 and 7, that "Nye is entirely silent on the                 
          issue of displaying both read/write colorcells and read-only                
          colorcells for the same element within a single requesting                  
          application as set forth within the present claim, and the                  


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