Ex parte ASHE et al. - Page 6




          Appeal No. 1998-3134                                       Page 6           
          Application No. 08/437,225                                                  


               F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir.                       
               1992)....  "A prima facie case of obviousness is                       
               established when the teachings from the prior art                      
               itself would appear to have suggested the claimed                      
               subject matter to a person of ordinary skill in the                    
               art."  In re Bell, 991 F.2d 781, 782, 26 USPQ2d                        
               1529, 1531 (Fed. Cir. 1993) (quoting In re Rinehart,                   
               531 F.2d 1048, 1051, 189 USPQ 143, 147 (CCPA 1976)).                   

          With these principles in mind, we consider the examiner's                   
          rejection and the appellants' argument.                                     


               The examiner contends, “windows are inherently                         
          hierarchical in that windows are invoked from within windows                
          (Southerton p. 205).”  (Examiner’s Answer at 5.)  The                       
          appellants argue, “[t]he mere fact that the windows can have a              
          hierarchical                                                                
          relationship to one another does not suggest that the code for              
          drawing those windows should also have a hierarchical                       
          architecture.”  (Reply Br. at 3.)                                           


               “In the patentability context, claims are to be given                  
          their broadest reasonable interpretations.  Moreover,                       
          limitations are not to be read into the claims from the                     
          specification.”  In re Van Geuns, 988 F.2d 1181, 1184, 26                   







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