Ex Parte BERRY et al - Page 9



          Appeal No. 1999-2607                                                         
          Application 08/826,618                                                       
               It is debatable whether Lynch shows a three-dimensional                 
          workspace, but Lynch is not really needed for this limitation.               
          Although the representations of rooms and objects have a                     
          three-dimensional appearance, the user cannot move the viewpoint             
          in the third dimension, but can only navigate left and right in              
          the hallway and downtown using the arrows (e.g., figures 4E and              
          25A) or move up or down a level (e.g., using the "Hallway"                   
          description in the title bar 180 of figure 3 to "step back" to               
          where the user was before the present level).  Nevertheless, it              
          might be found that selecting a door in the hallway to move into             
          a room is broadly analogous to navigating in a third dimension.              
          We agree with the Examiner that the object levels do not                     
          necessarily correspond to different workspaces, because the                  
          object levels can be considered a construct for the workspace.               
          Nevertheless, this does not help the rejection.                              
               It is argued that it is inherent in Lynch that to navigate              
          away the user must leave the two-dimensional level he is                     
          currently working in and, thus, there is no way his current                  
          working level can remain active after the user has navigated away            
          (Br8).  The Examiner points to the "step back" function and                  
          hypothesizes a scenario where the user (1) selects an object from            
          the desktop to bring up a two-dimensional interface, (2) executes            

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