Ex Parte DESTEFANO - Page 10




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

          represent a hierarchical arrangement between the first and second            
          levels of abstraction."                                                      
               The examiner finds that Lucas discloses a three-dimensional             
          workspace at column 4, lines 5-52 (R6; EA6).  The examiner finds             
          that Lucas discloses maintaining the relative positioning of a               
          first information element, a document in the foreground of                   
          Fig. 1, and a second information element, a document in the                  
          background, in a three-dimensional workspace "based on the                   
          hierarchical arrangement of document abstraction levels in                   
          various 3D shapes" (R6; EA6).                                                
               This statement does not specifically identify what the                  
          examiner considers to be the "the first and second user input                
          elements positioned within a three dimensional workspace."                   
          Limitation (a) requires more than a three-dimensional workspace.             
               Claim 65 recites, in part, "(b) receiving a first                       
          information element as user input to the first user input                    
          element; (c) receiving a second information element as user input            
          to the second user input element."                                           
               The examiner acknowledges that Lucas does not disclose these            
          limitations, but concludes that they would have been obvious                 
          because Lucas teaches that "[a]ny paper document can be entered              
          into the system by scanning" (col. 3, lines 53-54) (R6; EA7).                
               Appellant argues that this portion of Lucas does not suggest            
          receiving user input directed to first and second user input                 

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