Ex Parte MARLER et al - Page 4



          Appeal No. 2004-1063                                                        
          Application No. 09/273,385                                                  

               The examiner indicates that White does not specifically                
          disclose the automatic indication of options in an automatic                
          timed sequence, but the selections and options are made                     
          consecutively and sequentially through time.  The examiner                  
          further alleges that highlighting is performed by White for ease            
          of user navigation and selection of options in a user interface.            
               The examiner then relies on Roach for a showing of an                  
          automatic indication of options in an automatic timed sequence,             
          pointing to the abstract, column 1, lines 60-68, column 2, lines            
          1-12, column 4, lines 7-17 and 25-55, and column 5, lines 53-68,            
          of Roach.  The examiner alleges that this, too, is done for the             
          ease of user navigation and selection of options in a user                  
          interface.                                                                  
               The examiner then concludes that it would have been                    
          “obvious...to have this automatic feature for the selectable                
          options in White...because it would allow ease of user navigation           
          and selection of options in a user interface” (final rejection-             
          page 3).                                                                    
               For their part, appellants contend that while they are in              
          agreement with the examiner as to White’s failure to teach or               
          suggest automatically and consecutively indicating the selectable           
          option in a timed sequence, they dispute the examiner’s                     
                                         -4–                                          




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