Ex parte BERRY et al. - Page 12




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



          to it (icons 45 and 51, respectively).  Although icons 45 and               
          51 are not displayed on the same menu bar in Fleming, claim 16              
          does not require this limitation.  The icons 45 and 51 in                   
          Fleming are selected, tested and a message is broadly sent to               
          the assigned object as recited in claim 16.  In our view,                   
          claim 16 is broad enough to be suggested by the teachings of                
          Fleming taken alone so that IBM and the IBM Guide are                       
          considered unnecessary to meet the invention as recited in                  
          claim 16.                                                                   
          Appellants argue that Fleming et al. "do not teach an                       
          ability to have multiple icons representing different objects               
          nor do they teach replacing the action list pull-down menus                 
          with object invocation via a message" [brief, page 11].  As                 
          noted above, however, Fleming does teach a plurality of                     
          objects each of which has an assigned icon as recited in claim              
          16.  We also agree with the examiner that claim 16 is not                   
          limited to the replacement of action list pull-down menus with              
          object invocation via a message.                                            
          For all the reasons discussed above, we consider the                        
          invention of claim 16 to be sufficiently broad that it would                

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