Ex Parte WUGOFSKI - Page 6



          Appeal No. 2001-1135                                                        
          Application 09/002,733                                                      

          specification at page 10, lines 1 through 4, and also see                   
          Appellant’s brief, page 6.  Thus we find that the claims require            
          that after the user changes from one source or input component to           
          another, the graphical user interface or channel banner remains             
          consistent in layout and form of the displayed fields.  Also, the           
          displayed information is predicably in the same location and in             
          the same format.                                                            
               Appellant argues that Belmont and LaJoie, alone or in                  
          combination, do not teach or suggest the plurality of fields                
          retaining a consistent form regardless of the selected source,              
          where the consistent form comprises a same displayed location and           
          format of the plurality of fields regardless of the selected                
          source.  See pages 7 and 8, of Appellant’s brief.                           
               The Examiner responds to Appellant’s argument by stating               
          that the LaJoie system discloses a program information banner to            
          be displayed whenever the user changes channels to help the user            
          identify programs being presented on each channel.  The Examiner            
          points to column 5, lines 15 through 22 and column 6, lines 47              
          through 65.                                                                 
               In rejecting claims under 35 U.S.C. § 103, the Examiner                
          bears the initial burden of establishing a prima facie case of              
          obviousness.  In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ 1443,             
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