Ex parte BERRY et al. - Page 3



              Appeal No. 1998-3063                                                                                       
              Application 08/632,223                                                                                     



              reverse the rejection of claims 1, 4 through 6, 12, 15 through 17, 24 and 27 through 29 under              
              35 U.S.C. § 102 as being anticipated by Meisel.  As such, we therefore reverse the rejection of            
              dependent claims 3, 14 and 26 under 35 U.S.C. § 103.                                                       
                     As our reproduction of claim 1 earlier in this opinion indicates, an object in the                  
              compound graphical object is stated to own display space encompassing a pointer icon hot                   
              spot.  Within the step of determining a lowest level object in the compound object, this step              
              further recites “wherein each object receiving the first command determines whether the object             
              has a child object owning display space encompassing the hot-spot and if so passes the first               
              command to the child object, until a lowest level object owning display space encompassing                 
              the hot spot is found.”  As generally argued by appellants in the brief, this feature is not taught in     
              Meisel.                                                                                                    
                     Although Meisel's information screen 21 and navigation panel 22 are taught in Meisel to             
              be windows, the reference does not appear to teach that they are programming objects.  We                  
              do, however, agree with the examiner's view that while the concept of hierarchy of both the                
              claimed and disclosed invention and the hierarchy of the reference are the same, the interface             
              to the display of each is not the same.  Page 2 of the specification as filed in the background of         
              the invention portion states between lines 14 through 18 that “[c]urrent techniques for selecting          
              and cursoring are generally oriented to flat presentations of objects of the same type, such as            
              icons on a desktop, cells in a spreadsheet, or graphical drawing objects in a graphics                     
              application.”  The present disclosed invention is not flat in the sense that one physical display          


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