Ex Parte TANNENBAUM - Page 7



          Appeal No. 08/911,596                                                       
          Application No. 2001-2049                                                   

          the data processing application and that the execution of the               
          data processing application includes “translating a first                   
          plurality of user input signals to a first plurality of                     
          translated data values.”  Thus, there is a certain dependence of            
          some elements of the claim on other elements of the claim.  By              
          the very language of the claim, it is not reasonable to read                
          “translating a first plurality of user input signals to a first             
          plurality of translated data values” on a keyboard because the              
          actions of a user accessing a keyboard cannot reasonably be                 
          considered to be an “execution of the data processing                       
          application” to which the selective modification is responsive.             
               Accordingly, since Greiner fails to show each and every                
          claim limitation, we will not sustain the rejection of claims 34-           
          37, 39 and 43 under 35 U.S.C. 102(a).                                       
               Since independent claim 5 includes the argued limitations of           
          independent claim 34, Voice Type was applied thereto merely to              
          show a speech to text application because Greiner does not                  
          address the particulars of any application by suggesting                    
          particular files or parameters one may wish to monitor, and Voice           
          Type does not provide for the deficiencies noted supra with                 
          regard to claim 34, we also will not sustain the rejection of               
          claims 5, 38, 40 and 42 under 35 U.S.C. 103.                                
                                         -7–                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007