Ex Parte CUOMO et al - Page 4




            Appeal No. 2000-2009                                                                              
            Application No. 08/832,430                                                                        

            methods to perform operations.”  Id.  The above-noted technical dictionary also defines           
            encapsulation, in reference to object-oriented programming, as the grouping of data               
            and the code that manipulates it into a single entity or object.  Encapsulation refers to         
            the hiding of most of the details of the object, and both attributes (data structure) and         
            the methods (procedures) are hidden.                                                              
                   Apparently, the examiner has not interpreted the instant claims with due regard            
            to the artisan’s understanding of the terms.  For example, the statement of the rejection         
            (Answer at 3) appears to equate the claimed “LobbySession object” with a “message”                
            that is sent in the procedural programming system of Grimm.  However, in view of the              
            artisan’s understanding of an “object,” a simple message (i.e., data) transferred in a            
            system falls short of the claim term.  The rejection also suggests (id.) that a general, or       
            informal, definition of “encapsulate” has been attributed to the instant claims -- i.e.,          
            interpreting “encapsulated” as meaning simply “contained within.”                                 
                   We also agree with appellants that the rejection is unclear with respect to which          
            features of the reference are deemed to correspond to the various claim terms.  For               
            example, the rejection seems to equate the “LobbySession object” with a “message”                 
            (Answer at 3), with a “game offer record” (id. at 4), and with a “client” (id. at 6).2            
            Moreover, based on our understanding of the technical definition of “object,” the artisan         




                   2 The “game offer record” might also be deemed a GameSession object; e.g., Answer at 7.    
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