Ex Parte WUGOFSKI - Page 12




          Appeal No. 2000-2210                                                        
          Application No. 09/002,828                                                  


               Turning to a discussion of the appealed dependent claims, we           
          note initially that, although Appellant has indicated that all of           
          the appealed claims are to be considered separately, no separate            
          arguments for patentability have been asserted for dependent                
          claims 2, 6, 8, 11, and 15-18.  Instead, Appellant’s arguments in           
          the Briefs, aside from a general assertion that these claims                
          recite unspecified “further limitations” over their base claims,            
          rely on the arguments previously made with respect to independent           
          claims 1, 7, 14, and 19.  Since, as discussed supra, we find                
          Appellant’s arguments to be unpersuasive in overcoming the                  
          Examiner’s prima facie case of obviousness, the 35 U.S.C.                   
          § 103(a) rejection of dependent claims 2, 6, 8, 11, and 15-18 is            
          sustained.                                                                  
               We also sustain the Examiner’s obviousness rejection of                
          dependent claim 3, directed to the particulars of the drivers               
          component, and claims 4 and 5, which set forth the partial screen           
          overlay and full screen display features.  We refer to our                  
          previous discussion supra which points out that Hellhake’s                  
          disclosed API element 44 corresponds to Appellant’s disclosed               
          example of a driver, as well as our comments related to Harper’s            
          discussion of partial screen overlays and Hellhake’s description            
          of full or partial screen interfaces.                                       

                                         12                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007