Appeal No. 2004-1063
Application No. 09/273,385
the display of the characters in Roach is a display of a
plurality of selectable options. But, one cannot, reasonably,
say that those characters are “automatically and consecutively”
indicated “in a timed sequence,” as required by the instant
claims. Rather, the characters are indicated in whatever
sequence the movie causes them to be indicated.
We also agree with appellants that even if, arguendo, we
were to find that Roach disclosed the limitation of
“automatically and consecutively indicating said selectable
option in a timed sequence,” the examiner has not presented a
convincing rationale as to why the skilled artisan would have
been led to modify anything in White with this alleged automatic
and consecutive indication of a selectable option in a timed
sequence, of Roach. The examiner’s general allegation that it
would have been obvious to do so “because it would allow ease of
user navigation and selection of options in a user interface”
(Paper No. 12-page 3) is an insufficient reason for modifying
White in the manner suggested since White already provides for
navigation through World Wide Web pages and no advantage is seen
in adding an automatic and consecutive indication of a selectable
option in a timed sequence to White.
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