Ex Parte Ku et al - Page 6

                Appeal 2007-0262                                                                             
                Application 09/925,258                                                                       
                of Trueblood.  In particular, the Examiner directs attention to the                          
                illustrations in Figures 2 and 13A of Trueblood, as well as the disclosure at                
                column 6, lines 24-49 and column 7, lines 13-19 of Trueblood.                                
                      Appellants’ arguments in response assert that the Examiner has not                     
                shown how each of the claimed features is present in the disclosure of                       
                Trueblood so as to establish a prima facie case of anticipation.  Initially,                 
                Appellants contend (Br. 11-12) that the “always on top” window feature of                    
                Trueblood teaches away from Appellants’ claimed invention since a user                       
                could not work a second window application while waiting for a first                         
                window log-in screen since it would be at least partially blocked by the                     
                “always on top” first window.  Aside from the fact that a “teaching away”                    
                argument is inappropriate in an anticipation rejection, we agree with the                    
                Examiner that Appellants’ argument inaccurately characterizes the                            
                disclosure of Trueblood.  As pointed out by the Examiner (Answer 9),                         
                Trueblood provides (e.g., Figure 2) for the full non-overlapping display of                  
                multiple “always visible” windows, thereby permitting a user to work                         
                multiple applications.                                                                       
                      We also agree with the Examiner (Answer 9-10) that Appellants’                         
                argument (Br. 12) that Trueblood does not disclose the display of a log-in                   
                panel in which a user is requested to input identification information in order              
                to continue with an accessed application is not commensurate with the scope                  
                of the claimed invention.  As argued by the Examiner, the language of each                   
                of the appealed independent claims 1, 11, and 23 does not require a “log-in”                 
                panel window but, rather, merely an “entry” panel window.  We find no                        
                error in the Examiner’s interpretation of the displayed windows (e.g. col. 6,                
                ll. 24-27) in Trueblood which require user entry of information as                           

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