Ex Parte THURIES et al - Page 3




            Appeal No. 2002-0333                                                                              
            Application No. 09/127,713                                                                        


                   The examiner relies on the following references:                                           
                   Poland                    4,825,058                 Apr. 25, 1989                          
                   Wilz et al. (Wilz)        5,777,315                 Jul.  07, 1998                         
                                             (effective filing date  Feb. 16, 1995)                           
                   Claims 1 and 3-23 stand rejected under 35 U.S.C. §103.  As evidence of                     
            obviousness, the examiner cites Wilz with regard to all of the claims, adding Poland in           
            an additional rejection of claim 4.                                                               
                   Reference is made to the brief and answer for the respective positions of                  
            appellants and the examiner.                                                                      
                                                  OPINION                                                     
                   At the outset, we note that appellants group the claims into two distinct groups,          
            claims 1-16 and 21 forming one group and claims 17-20, 22 and 23 forming the other                
            group.  The groups are argued separately and all the claims in each group stand or fall           
            together.  However, we do note that appellants make a separate argument with regard               
            to claim 1 (e.g., brief-page 12).  The first group of claims, as represented by claim 19, is      
            directed to a computer interface display menu of user selectable commands and                     
            parameter values.  The second group of claims, represented by claim 12, is directed, in           
            addition to the computer interface display menu, to a graphic or sequence of character            
            strings having a maximum length at the most equal to the length of the scanning range             
            of the symbol reader, where the graphic or sequence of character strings represents at            
            least two parameterization commands or values.                                                    
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