Ex Parte CUOMO et al - Page 7




                 Appeal No. 2003-0509                                                                                  Page 7                     
                 Application No. 08/657,510                                                                                                       


                 contains a list of classes in the application; the right pane shows the members, data,                                           
                 and typedefs for the class; and the bottom pane shows the source."  Id. at 1-2.                                                  


                         As aforementioned, the examiner equates the editor's left pane to the claimed                                            
                 display of a graphical representation of an application under development.  We are                                               
                 unpersuaded that the left pane, however, displays an application under development.                                              
                 Instead, the left pane shows "a list of classes in the application. . . ."  Rodens, pp. 1-2.                                     


                         For its part, Xu discloses "a method and system for developing computerized                                              
                 network analysis and modeling applications."  Col. 1, ll. 46-48.  Although the secondary                                         
                 reference displays a graphical representation, we are unpersuaded that it represents an                                          
                 application under development, e.g., a network analysis and modeling applications                                                
                 under development.  To the contrary, one of the passages cited by the examiner, supra,                                           
                 explains that Xu "display[s] a graphical representation of at least a portion of the                                             
                 network to be modeled."  Id. at ll. 63-64.  We agree with the appellants that displaying a                                       
                 network being modeled, "does not teach, suggest or disclose displaying a graphical                                               
                 representation of an application being developed."  (Appeal Br. at 7.)                                                           


                         The examiner does not allege, let alone show, that the addition of IBM or                                                
                 Marmelstein cures the aforementioned deficiency of Rodens and Xu.  Absent a teaching                                             








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