Ex Parte DESTEFANO - Page 8




          Appeal No. 2002-1971                                                         
          Application 09/020,668                                                       

          For these reasons, we find that the examiner has failed to                   
          establish a prima facie case of anticipation.  The rejection of              
          claims 15 and 16 is reversed.                                                
               It also appears that Lucas is missing more limitations than             
          the application of different filter criteria to a plurality of               
          information elements, and the resulting display of different sets            
          of filtered information elements in different lenses.  For                   
          example, the examiner does not explain how the e-mails in Lucas              
          represent a "body of knowledge stratified into a plurality of                
          levels of abstraction" and have "first and second levels of                  
          abstraction" and "a hierarchical arrangement of the first and                
          second levels of abstraction."  The specification describes that             
          "[a] level of abstraction typically relates to a particular                  
          manner of looking at a given collection of information, also                 
          referred to as a body of knowledge" (specification, p. 2).  The              
          e-mails may be completely independent of one another and not                 
          represent a level of abstraction.  The examiner refers to a "3D              
          display of document levels" (EA3), but does not explain how a                
          "level," which is just the location of a document in a pile, is a            
          "level of abstraction."  While the examiner has found a three                
          dimensional workspace with objects arranged generally                        
          perpendicular to the strand, these other limitations have not                
          been addressed.  Nevertheless, we address only the arguments                 
          actually presented by appellant.                                             

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