Ex Parte Harrison et al - Page 4



          Appeal No. 2004-0945                                                        
          Application No. 09/605,929                                                  
          first and the second frames (answer, page 4).  The Examiner                 
          further asserts that using the first command, scroll 500a of Onda           
          is used to scroll frame 300a to its end as a second command is              
          used to scroll a second frame 300b using scroll 500b while the              
          scrolling of the first frame is stopped (answer, page 5).                   
               We find the Examiner’s arguments presented in the answer,              
          which is a departure from the position stated in the final                  
          rejection (paper 5, mailed April 9, 2003),1 unconvincing and                
          based on an unreasonable claim interpretation.  Onda relates to             
          scrolling different windows displaying parts of vertically long             
          data wherein the display windows may be scrolled synchronously in           
          the horizontal direction, but not in vertical direction (abstract           
          and col. 15, lines 23-32).  We agree with Appellants that none of           
          the horizontal scrolls 400a, 400b and 400c, although                        
          synchronously scrolled, continues scrolling while stopping the              
          other frames since the widows show different rows of the same               
          data and reach their end (the rightmost column) at the same time            
          (Figure 12).  Therefore, even considering the arguments the                 
          Examiner made in the final rejection, scrolling neither of the              

               1  “Given the scenario that the frames are scrolled horizontally, it is
          clear in Onda’s reference that the scrolling of the frames is stopped when  
          their beginnings or ends are displayed.  It is not logical to continue the  
          scrolling of the other frames, since the frames have already reached their  
          beginnings or ends.”  (Final rejection, pages 4 & 5.)                       
                                         -4-                                          




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