Ex Parte Uthe - Page 4

            Appeal Number: 2006-3172                                                                          
            Application Number: 10/420,685                                                                    

                 Claims 1-7 and 11-20 rejected under 35 U.S.C. § 103(a) as obvious over Wills                 
                                               and Hodgson.                                                   
                We note that the appellant argues these claims as a group.  Accordingly, we                   
            select claim 1 as representative of the group.                                                    
                The examiner applied Wills for its teachings of the need for visual                           
            enhancements to treemaps and Hodgson to show highlighting and drawing                             
            linkages among related nodes in a tree in response to selection of a tree node                    
            (Answer 3-5).                                                                                     
                The appellant argues that the examiner failed to provide objective evidence for               
            the motivation to combine the teachings of Wills and Hodgson (Br. 5-9; Reply Br.                  
            2-4), and that even were Wills and Hodgson combined, it would not have resulted                   
            in the claimed invention (Br. 9-10; Reply Br. 5).                                                 
                The examiner points to Hodgson’s col. 5, lines 11-15, as evidence that a person               
            of ordinary skill in the art would have been motivated to combine its teachings                   
            with Wills (Answer 8-9).  This portion of Hodgson states                                          
                   By selecting a capability (node 12) in the model display (10), the user                    
                   causes the processing means (not shown) to automatically generate                          
                   the hierarchical structure display (16) and redisplay the same on a                        
                   display screen with an indication, such as a highlight, to indicate the                    
                   selected capability (node) in its contextual location in the hierarchy of                  
                   the organization.                                                                          
                   (emphasis as added by examiner).                                                           
                We agree that this is evidence of such desirability and further note that                     
            Hodgson provides stronger evidence earlier in its disclosure:                                     
                   However, many organizational needs are not currently met by the                            
                   graphical model of an organization. These needs can include a need                         
                   for the user to be able to understand the location of an organization                      

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