Ex Parte NIELSEN - Page 7



          Appeal No. 2002-0638                                                        
          Application 08/932,239                                                      

          discuss certain undesirable features of the program per se by the           
          reviewer, the use of the teachings in Matthies would have                   
          minimized them as well.                                                     
               As to appellant's arguments in the paragraph bridging pages            
          8 and 9 of the principal brief arguing that the two disclosures             
          of Wagstaff and Matthies are not enabling, appellant has provided           
          no evidence to us to this effect.  The context of both                      
          references, and indeed the context of even the third reference,             
          is to Apple computer systems, which have well-known operating               
          systems which provide scroll bars for the viewer to use.  This is           
          represented by the third reference as well.  To the extent the              
          disclosures of Wagstaff and Matthies are not enabling, the same             
          applies to appellant's own disclosure, since these two references           
          and appellant's own disclosure presume a certain minimal                    
          knowledge of scroll bars in the art any way.                                
               Finally, we consider the separate arguments of dependent               
          claims 32 and 33.  At the outset, we note that the use of the               
          claimed scroll bar button moving along a path is well-known in              
          the art even for two dimensional systems as depicted in the                 
          Macintosh reference and apparently admitted by appellant as part            
          of the prior art at specification pages 1 and 2.  The purpose of            

                                          7                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007