Ex Parte HERBST et al - Page 3



         Appeal No. 2003-1877                                                       
         Application No. 09/375,071                                                 

         No. 16, filed February 3, 2003) and Reply Brief (Paper No. 18,             
         filed June 16, 2003) for appellants' arguments thereagainst.               
                                      OPINION                                       
              We have carefully considered the claims, the applied prior            
         art references, and the respective positions articulated by                
         appellants and the examiner.  As a consequence of our review, we           
         will reverse the anticipation rejection of claims 1 and 2 and the          
         obviousness rejection of claims 3 through 26.                              
              Independent claims 1 and 8 each recite a step of                      
         "redesignating the first region as a new end of file region."              
         Similarly, claims 12 and 17 recite a means "for redesignating the          
         first region as a new end of file region."  Likewise, claims               
         20 and 24 recite computer-readable program code means "for                 
         redesignating the first region as a new end of file region."               
         Appellants argue (Brief, page 7) that Sherman fails to teach or            
         suggest any redesignation of a region as a new end of file                 
         region.  We agree.                                                         
              Sherman discloses (column 2, lines 54-56) that container              
         302 includes objects A, B, and C.  Sherman teaches (column 3,              
         lines 17-48) that when a user edits object C, object C is moved            
         to be immediately following object A, and then edited object B is          
         written to the position immediately following C.  In other words,          
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