Appeal No. 2002-0857
Application No. 09219,876
detection of the first particular input (i.e., hitting the
“enter” key) may cause the display of the note-taker user
interface but the display of the note-taker user interface would
not be while the “first input window” is displayed, as required
by the claim.
Franklin is silent on this matter. It may very well be
that, since a moving marquis display is on the screen when a hit
of the “enter” key will open up the note-taker user interface,
hitting the “enter” key when other things are displayed, e.g.,
the password dialog, will also open the note-taker user
interface. But we simply do not know from Franklin’s disclosure.
It may just as well be that hitting the “enter” key after a
password dialog is displayed merely enters the typed password for
authentication, rather than opening the note-taker user
interface. The fact is we would need to speculate in order to
find that the claimed subject matter is anticipated by Franklin.
A rejection under 35 U.S.C. 102 cannot be predicated on
speculation.
Accordingly, we will not sustain the rejection of claim 1,
or of claims 2-6 dependent thereon, under 35 U.S.C. 102(e).
Since independent claims 7 and 11 contain a similar
recitation regarding displaying a message input window, we also
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