Ex Parte SHINAL - Page 14




          Appeal No. 2002-1868                                                         
          Application 09/059,033                                                       

          and provide better friendly technique which preserves the                    
          intuitive and simplicity of the tool shelf/palette paradigm to               
          end users" (FR14; EA17).                                                     
               Appellant argues that the examiner errs because the                     
          rejection relies on the same reasoning and analysis as for                   
          claim 4 even though claim 4 recited a history palette and                    
          claim 19 recites an action palette (Br9).                                    
               The examiner expands on the teachings of Kurtenbach and                 
          notes that Kurtenbach not only teaches a history palette, but                
          also teaches an action palette (EA26).                                       
               We reverse the examiner's rejection for similar reasons to              
          those stated with respect to claim 4.  The rejection is modifying            
          a reference which has already been modified by two references,               
          which suggests hindsight.  Moreover, it is not exactly clear how             
          the references are being combined.  While the tool shelf in                  
          Kurtenbach seems to correspond to a history palette (or log)                 
          because the icons represent commands that will be executed in                
          sequence, there is no teaching of transferring commands from a               
          history log to an action palette.  The rejection fails to                    
          establish a prima facie case of obviousness.  The rejection of               
          claim 19 is reversed.                                                        






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