Appeal No. 2002-0857
Application No. 09219,876
Atick et al. [Atick] 6,111,517 Aug. 29, 2000
[filed Dec. 30, 1996]
Claims 1-4, 7, 8 and 11 stand rejected under 35 U.S.C.
102(e) as anticipated by Franklin.
Claims 5, 6, 9 and 10 stand rejected under 35 U.S.C. 103 as
unpatentable over Franklin in view of Atick.
Reference is made to the briefs and answer for the
respective positions of appellants and the examiner.
OPINION
Under 35 U.S.C. 102, a reference must disclose, explicitly
or implicitly, every limitation of the claimed invention. Glaxo
Inc. v. Novopharm Ltd., 52 F.3d 1043, 1047, 34 USPQ2d 1565, 1567
(Fed. Cir.), cert. Denied, 516 U.S. 988 (1995).
Franklin discloses a system having a “notes facility” for
receiving notes while a computer system is in a screen saver
mode.
Taking independent claim 1 as exemplary, Franklin clearly
discloses a method for managing a message on a computer screen
wherein the screen is continuously monitored and, if no change in
the data displayed on the computer screen is detected for a
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