Ex Parte Chickles et al - Page 5




            Appeal No. 2006-0361                                                                      
            Application 09/752,654                                                                    

            the discussion of figure 2 as a basis for this showing in figure                          
            3 at the bottom of column 8; the teaching at column 14, lines 8                           
            through 14 relating to window objects; the general discussion of                          
            the operation of the system at column 69 through the top of                               
            column 71; and the example of figure 3b beginning at the bottom                           
            of column 89.  It appears to us that none of the figures other                            
            than those relied upon by the examiner illustrate the close                               
            and open window feature upon the user selecting a new                                     
            window display item.  This is illustrated as well in figure 11                            
            discussed beginning at column 73, line 45, which, upon close                              
            analysis, appears to teach the opposite of what the examiner                              
            urges that Filepp would have suggested or taught to the artisan.                          
                  The so-called closed window command is discussed at column                          
            49, lines 25 through 57.  This portion does indeed teach what the                         
            examiner asserts, that this special close window command may,                             
            optionally, include an object identifier of a new window to be                            
            opened after the closing of a currently opened window.                                    
                  From all these teachings of Filepp, a more expansive view as                        
            determined by our study of this reference does not lead us to                             
            conclude that it would have been obvious for the artisan to have                          
            used these capabilities to otherwise change, modify or improve                            
            the operability of the window-based system of the admitted prior                          
            art of appellants’ specification.  A general argument of                                  
            improving or enhancing a program execution efficiency at the                              
            bottom of page 10 of the answer, as an example, is a generic                              


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