Ex Parte CRAGUN - Page 5




          Appeal No. 2001-2381                                                        
          Application 09/025,155                                                      

          223 USPQ 785, 788 (Fed. Cir. 1984); and In re Rinehart, 531 F.2d            
          1048, 1052, 189 USPQ 143, 147 (CCPA 1976).  Only those arguments            
          actually made by appellant have been considered in this decision.           
          Arguments which appellant could have made but chose not to make             
          in the brief have not been considered and are deemed to be waived           
          [see 37 CFR § 1.192(a)].                                                    
          The examiner has indicated how he finds the claimed                         
          invention to be obvious over the teachings of Slotznick [answer,            
          pages 3-6].  Specifically, after essentially reading the                    
          invention of claim 1 on the disclosure of Slotznick, the examiner           
          asserts that “[I]t would be obvious that the multitasking                   
          application operates separate from the communications application           
          since code for displaying secondary information does not have to            
          be the same code ... and both the communications application and            
          multitasking application have separate windows.”                            
          With respect to independent claims 28, 35 and 42, which                     
          stand or fall together as a single group [brief, page 5],                   
          appellant argues that Slotznick does not teach or suggest                   
          automatically switching focus from a communications application             
          to another active application in response to the initiation of a            
          link to a remote network site.  More particularly, appellant                
          argues that Slotznick relates to a single application that                  

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