Ex Parte ROTH - Page 1




                               The opinion in support of the decision being entered today was not written                       
                                       for publication and is not binding precedent of the Board.                               
                                                                                                     Paper No. 24               
                            UNITED STATES PATENT AND TRADEMARK OFFICE                                                           
                                                         ____________                                                           
                                  BEFORE THE BOARD OF PATENT APPEALS                                                            
                                                 AND INTERFERENCES                                                              
                                                         ____________                                                           
                                             Ex parte STEVEN WILLIAM ROTH                                                       
                                                         ____________                                                           
                                                    Appeal No. 2001-1764                                                        
                                                  Application No. 08/784,670                                                    
                                                         ____________                                                           
                                                           ON BRIEF                                                             
                                                         ____________                                                           
               Before THOMAS, RUGGIERO, and BARRY, Administrative Patent Judges.                                                
               BARRY, Administrative Patent Judge.                                                                              


                                                   DECISION ON APPEAL                                                           
                      A patent examiner rejected claims 1, 5, 7, 9, 10-14, 16, 17, 23, 25, 29, 31-33, 36,                       
               39, and 43.  The appellant appeals therefrom under 35 U.S.C. § 134(a).  We affirm-in-                            
               part.                                                                                                            
                                                       BACKGROUND                                                               
                      The appellant‘s invention manages menus of a graphical user interface (“GUI”)                             
               for a computer.  Using a GUI, a user interacts with a computer by pointing to pictorial                          
               representations of programs (“icons”), lists of items (“menus”), and to individual                               
               representations of other items such as files and commands.  Menus may be “fixed                                  
               content” or ” variable content”  (Spec. at 1.)  While the items of a fixed content menu                          






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