Ex parte LIVINGSTON - Page 6




          Appeal No. 2000-0772                                                        
          Application No. 09/018,931                                                  


          simply no persuasive showing that Dazey teaches that the help               
          control 66 is displayed in response to a detected status of a               
          control option, e.g., Show Index button 90.  We do not agree                
          with the examiner’s position that help pane 70 is a control                 
          option and, even if it could be so construed, the help control              
          66 is not displayed in response to a detected status of pane                
          70.  Button 66 of Dazey is independently and continuously                   
          displayed.                                                                  
          Concerning claim 3 and Dazey’s disclosure with respect to                   
          Figure 7, the Help control button in dialog/message box 100 is              
          a help control that is displayed in response to a detected                  
          status of a control option, a print button.  However, the Help              
          control button is not displayed adjacent to a control option                
          as required by claim 1, from which claim 3 depends, because                 
          “Print Error” in box 100 is an adjacent message, not an                     
          adjacent control option.                                                    
          Whereas we will not sustain the rejection of claim 3, we                    
          will not sustain the rejection of claims 4-6 which depend                   
          therefrom.  Since claim 17 is grouped with claim 6 and defines              
          similar subject matter, we will not sustain the rejection of                
          claim 17, or claim 18, which depends from claim 17.  Since                  
                                         -6–                                          





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