Ex Parte LINDHORST et al - Page 7




          Appeal No. 2002-2182                                                        
          Application No. 09/223,565                                                  


          a server and a client.”  We also find no convincing arguments from          
          Appellants that would convince us of any error in the Examiner’s            
          interpretation of Lemay’s scroll bar as corresponding to the                
          claimed third display portion for configuring a property of one of          
          the displayed objects since the scrolling of an object or portion           
          into and out of a display area clearly alters the visual property           
          of such an object.  Again, Appellants have pointed to no specific           
          portion of their disclosure that provides any guidance as to the            
          interpretation of the term “property” so as to distinguish over the         
          disclosure of Lemay.                                                        
               In view of the above discussion, we reach the general                  
          conclusion that the language of representative claim 1 simply does          
          not require the interpretation asserted by Appellants in the Brief,         
          or by Appellants’ representative at the oral hearing on June 12,            
          2003.  Accordingly, since the Examiner’s prima facie case of                
          anticipation has not been overcome by any convincing arguments from         
          Appellants, the Examiner’s 35 U.S.C. § 102(b) rejection of                  
          independent claim 1, as well as claims 3, 10, 11, and 13 which fall         
          with claim 1, is sustained.2                                                

               2 In the Answer, the Examiner has restated the grounds of rejection to 
          include claim 13 in the group of claims rejected under  35 U.S.C. § 102(b)  
          rather than 35 U.S.C. § 103(a).  Appellants’ comments at page 11 of the Brief,
                                                                  (continued...)      
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