Ex parte BERRY et al. - Page 11




          Appeal No. 95-4356                                                          
          Application 08/133,821                                                      



          definition of the terms used in claim 16 which would justify                
          giving the claimed terms an interpretation different from the               
          normal interpretation.          In light of the above                       
          discussion, we agree with the examiner that Fleming broadly                 
          teaches that selection of an icon on the menu bar results in a              
          message being sent to the object assigned to that icon.  We do              
          not agree with the examiner, however, that the sizing icons of              
          Fleming can be considered to be  icons which are assigned to                
          an object.  In our view, the only icons which meet the step of              
          assigning an icon to each of a plurality of objects are the                 
          icons such as icons 45 and 51 in Fleming.  We are also of the               
          view that the icon bar in IBM would not have suggested the                  
          step of displaying icons assigned to an object in a window                  
          menu bar as recited in claim 16.  Nevertheless, our                         
          interpretation of claim 16 does not require that there be a                 
          plurality of icons within a single menu bar.                                
          Fleming teaches at least two objects such as "Folder-                       
          Project X" and "Chart-Chart 1" each of which has an icon                    
          assigned                                                                    



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