Ex parte BERRY et al. - Page 13




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



          have been suggested by the graphical user interface of                      
          Fleming.  Therefore, we sustain the rejection of claim 16 as                
          unpatentable over the teachings of Fleming, IBM and the IBM                 
          Guide.                                                                      
          We now consider the rejection of independent claims                         
          17, 20 and 24 as unpatentable over the teachings of Fleming,                
          IBM, the IBM Guide and Berry.  Appellants argue that each of                
          claims 17, 20 and 24 recites the display of an action submenu               
          in response to selection by the user of a designated object.                
          The examiner has cited Berry to teach the display of an action              
          submenu.  Appellants argue that the help screen display of                  
          Berry is not an action submenu as claimed.                                  
          On this latter point, we agree with appellants.  The                        
          help screens of Berry are merely informational and do not                   
          offer the user action choices.  Claim 17 recites that the                   
          action submenu has a list of selectable actions.  The help                  
          screens of Berry clearly do not have selectable actions.                    
          Claims 20 and 24 simply recite the display of action submenus               
          in response to selection of a designated object.  An action                 
          submenu can broadly be defined as a menu which offers the user              

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