Appeal No. 2006-1627
Application No. 09/934,945
Since the applet functions as any ordinary application window on
the desktop, and that the applet components includes dialog boxes
and pop-up windows (1:42-44, 8:59-62), it inherently appears that
applet have [sic, the applet has] the functionality of displaying a
second window simultaneously (i.e., the second window is
displayed while, during the applet window is displayed) with the
applet window. I.e., any “ordinary application window” may have
sub-windows its hierarchy. . . . Although Razavi clearly discloses
that the applet has the functionality of simultaneously displaying
the second window as set forth above, Razavi fails to clearly teach
the displaying of the second window.
Although Razavi does not expressly state that a second applet window is displayed, we
find that a dialog box as well as a pop-up window described in Razavi will produce a second
applet window displayed on the applet window1, albeit not as large as the applet window. Such
a second window is required by the claims on appeal to be outside of the browser application
window, but not outside of the applet window. We additionally find that Nguyen expressly
states that an applet displays a small pop-up window or dialog box in conjunction with the applet
display (column 9, lines 46 through 55; column 12, lines 20 through 34). The teachings of
Nguyen are, therefore, merely cumulative to the teachings of Razavi. In view of the teachings of
Razavi and Nguyen, we disagree with appellant’s arguments (reply brief, pages 5 and 6) that
neither reference teaches an applet that simultaneously displays a second window. Thus, the
obviousness rejection of claims 12, 20 and 28 is sustained based upon the teachings of Razavi
and Nguyen. The obviousness rejection of claims 13 through 15, 21 through 23 and 29 through
1 In the prior art described in Razavi, the pop-up window or dialog box was constrained to be inside the application
window (column 1, lines 40 through 44). When the separate applet window is created, the pop-up window or dialog
box is created over the applet window (column 8, line 59 through column 9, line 3).
3
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