Ex Parte CELIK - Page 8



          Appeal No. 2000-0467                                                        
          Application 08/511,645                                                      

          wherein the type of drag and drop operation performed depends               
          upon a plurality of factors.”  See page 7, lines 3-6 of the                 
          Brief.  Appellant finally argues that Berry states on page 450              
          that,                                                                       
               ‘dragging a data object, container object, or device                   
               object to a workplace container results in moving the                  
               source object into the target container.’  Later in the                
               same column, when discussing containers that are                       
               outside the current workspace, Berry states the                        
               following: ‘If the target is a device that provides                    
               containment behavior, the source object is copied into                 
               the target container.  For example, dragging an object                 
               to a . . . folder on a diskette causes the source                      
               object to be copied into the target object. (emphasis                  
               added).’ Thus, it can be seen that the outcome is                      
               dependent upon whether the source of the object is in                  
               the same workspace as the destination for the object.                  
               In contrast, the operation performed on the object                     
               being manipulated, in accordance with the present                      
               invention, is a MOVE (when the destination is a                        
               container object), whether or not the source document                  
               or media volume is the same as the destination.                        
               (Emphasis added).  See page 7, lines 9-21 of the Brief.                
               As pointed out by our reviewing court, we must first                   
          determine the scope of the claims.  “[T]he name of the game is              
          the claim.”  In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d              
          1523, 1529 ( Fed. Cir. 1998).                                               
               We note that Appellant’s claim 1 recites the following:                
               determining whether said second object is either a                     
               service object which performs a service that provides a                
               computational result on data or a container object;                    

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