Ex Parte GOLDSCHMIDT IKI et al - Page 14




          Appeal No. 2001-2003                                                        
          Application 08/939,185                                                      


          Lopresti.  As such, the data engine requirement of claim 55 for             
          receiving reformatted information and storing it in the various             
          data stores of Figures 4-6 of Lopresti appears to be self-                  
          evident.  The bulk of the discussion in this opinion already has            
          indicated that various graphical query interface capabilities               
          exist in the hand held device of Lopresti to the extent broadly             
          recited at the end of claim 55 on appeal.                                   
               Finally, we make mention earlier in this opinion our                   
          observations about the accessibility of various types of                    
          additional, second or different data sources as inclusive of the            
          Internet, which obviously indicates to the artisan the use of a             
          uniform resource locator (URL) as recited in claim 58.  Each of             
          these references is clearly a second location external to the               
          databases of Lopresti's device.  Because Lopresti does teach the            
          features recited in dependent claim 58, we are unpersuaded by               
          appellants' remarks at page 15 of the principal brief on appeal.            
               As a final matter, we note in passing that the subject                 
          matter of claims 43-48 and 60-67 may be subject to rejections               
          under 35 U.S.C. § 101 as being directed to non-statutory subject            
          matter, a graphical user interface per se.  This clearly is a               
          data construct, such as in the form of an abstract intellectual             


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