Appeal No. 2002-1868
Application 09/059,033
Claims 4-9 and 15-18
Claim 4 recites: "The method of claim 1 wherein the log file
is represented as a history palette that stores commands."
The examiner finds that the combination of Yuasa, Dwyer, and
Clark do not disclose the limitation (FR8; EA10). The examiner
finds that Kurtenbach discloses a log file represented as a
history palette (FR8; EA10). The examiner concludes that it
would have been obvious to include a log file represented as a
history palette in the combination of Yuasa, Dwyer, and Clark
because "[b]y doing so, the system would provide the better
improved GUI that preserves the intuitive and simplicity of the
tool shelf/palette paradigm to end users" (FR9; EA10).
Appellant argues that Kurtenbach does not suggest a log file
represented as a history palette (Br9)
The examiner expands on the teachings of Kurtenbach (EA26).
Kurtenbach discloses a method of defining and automatically
executing a sequence of commands (abstract). The user places
(drags and drops) desktop icons from a tool box into a sequence
tool shelf in an order in which the commands are to be executed
(abstract). It is difficult to understand the examiner's
rationale for combining the references since the examiner finds
that Yuasa does not even teach a log file. Thus, the examiner is
modifying a reference which has already been modified by two
references, which suggests hindsight. While the tool shelf in
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