Ex Parte TOGNAZZINI et al - Page 10




               Appeal No. 2000-0765                                                                                                 
               Application No. 08/670,929                                                                                           


                       special product list, until all other products have been displayed.  [Jacobs                                 
                       at col. 16.]                                                                                                 
               Therefore, we agree with the examiner that Jacobs teaches the display of an                                          
               advertising image and replacing images of related or similar products, and we will                                   
               sustain the rejection of independent claims 5 and 6.                                                                 
                       With respect to independent claims 17 and 18, appellants incorporate the same                                
               argument as with respect to claim 1.  We agree with the examiner that Jacobs teaches                                 
               the display of an advertising image and replacing images of related or similar products                              
               and this programed computer would have a storage medium to store the computer                                        
               program to produce the desired functionality.  Therefore, this argument is not                                       
               persuasive, and we will sustain the rejection of independent claims 17 and 18.                                       
                       With respect to dependent claim 2, appellants argue that Jacobs does not teach                               
               the use of object oriented programming (OOP) and that even though well known,                                        


               Jacobs did not employ OOP and there is no suggestion to use OOP.  (See brief at page                                 
               10.)  First, the language of claim 2 does not require object oriented programming.  An                               
               object may be deemed the image stored in the memory in a format which may be                                         
               output to the display.  Second, if "advertising objects" is specifically directed to OOP,                            
               we agree with the examiner that  OOP along with many other programming formats                                       
               were well known and that skilled artisans would have been motivated to use OOP and                                   
               that the data items would have been stored as "objects."  Again, appellants rely upon                                
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