Appeal No. 1999-2591
Application No. 08/628,995
With regard to claims 2 and 3, clearly the scale, having
numbers and line measures thereon, in Figures 2-4 of Barker
constitute a screen icon having graphical images, which are
characters, displayed therein. Accordingly, we will also sustain
the rejection of claims 2 and 3 under 35 U.S.C. 102(b).
We turn, now to instant claim 4. This claim requires, inter
alia, that the icon represents a “switch” and that the switch is
assigned a list of images representing different switch options.
The examiner contends that Figures 1 and 2 of Barker show that
the icon therein represents a “switch” and that each switch is
assigned a list of graphical images. We find no “switch” in
Barker and the examiner has not specifically pointed out what it
is, in Barker, on which the examiner relies for such a teaching.
The “switch,” as used in the instant claims, refers to the wheels
shown in instant Figure 5, wherein a list of graphical images,
i.e., the set of integral numbers, and the set of fractional
numbers, is assigned to each switch. We find nothing like this
in Barker.
Accordingly, we will not sustain the rejection of claim 4
under 35 U.S.C. 102(b).
The rejection of claims 5-15 and 19-21 under 35 U.S.C. 103
is based on Barker, taken together with Windows.
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