Ex Parte SIBERT - Page 4




              Appeal No. 2004-1413                                                                                        
              Application No. 09/475,941                                                                                  


              respective positions articulated by appellant and the examiner.  As a consequence of                        
              our review, we make the determinations which follow.                                                        
                     Appellant argues that neither Root nor Crawford teaches or suggests a two-step                       
              process to move an open window to the top to (pre)view the window prior to the                              
              selection of the window for automatic insertion of data.  (Brief at pages 6-8 and reply at                  
              pages 2 and 3.)  The examiner maintains that Root and Douglas clearly teach                                 
              designating a window for viewing, moving the designated window to the top of the                            
              desktop and inserting data into the window when one of the selectable elements is                           
              highlighted/selected.  (Answer at page 6.)  We disagree with the examiner’s                                 
              interpretation of the teachings of Root and Douglas with respect to the claimed                             
              invention.  From the examiner’s position, it appears that the examiner is interpreting the                  
              highlighting as the selection, but we find that independent claim 1 requires two separate                   
              steps.  The first step is highlighting one of the selectable choices of windows which will                  
              move the corresponding window to the top of the desktop.  This is not the selection                         
              step.  Next, the user decides if this is the window which is desired to have the data                       
              automatically inserted in the window.  If not, then the user may highlight a different one                  
              of the choices of selectable windows and that next choice is moved to the top of the                        
              desktop for determination by the user if this one of the selectable windows is the one                      
              which the user desires to have the automatic fill function performed.  While it would                       
              appear that the highlighting and moving of the window to the top of the desktop could be                    

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