Appeal No. 2006-0361
Application 09/752,654
argument that appears to be based upon a hindsight analysis
rather than upon a consideration of the any sound rationale
prospectively motivating the artisan to alter the system
of the admitted prior art. As noted earlier, even though Filepp
has the capability to perform the questioned function of closing
an open window when a subsequent window is opened, there is no
example in Filepp that we could determine from our study of this
reference that actually utilizes the capability. Furthermore,
there is no stated advantage in Filepp to do so. As such, there
is no true suggestibility within 35 U.S.C. § 103 for the artisan
to have altered the system of the admitted prior art.
Since we have reversed the rejection of each respective
independent claim on appeal, we therefore also reverse all
rejections of each of their respective dependent claims.
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