Appeal No. 2005-0871
Application 09/248,736
specification.
For the above reasons we find that the examiner has not
carried the burden of establishing a prima facie case of lack of
written descriptive support for the appellants’ claimed
invention.
Rejection under 35 U.S.C. § 103
The examiner relies upon Cotugno for a disclosure of the
appellants’ claim limitation of saving a filter and specified
selection criteria (answer, page 5). The appellants argue that
their provisional application predates Cotugno as to that
limitation (brief, pages 8-9).1
The appellants’ provisional application discloses, in
figure 6, an Add Folder to Tree window that includes a folder
label box for a folder label which may provide an indication of a
filter (page 8, lines 4-10). The Add Folder to Tree window
enables a user to provide table filter information which is
filter criteria for determining which tables are to be contained
in a folder object (page 8, lines 10-12). A Change Folder
window, shown in figure 16, is the same as the Add Folder to Tree
1
1 Cotugno, filed on January 29, 1999, has a provisional
application date of October 7, 1998, whereas the appellants’
application, filed on February 12, 1999, has a provisional
application date of April 10, 1998.
7
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