Ex Parte THURIES et al - Page 6




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


            symbol reader because Wilz is concerned with identically copying a parameterization or            
            setup of a master bar code reader that does not allow user selection of commands and              
            values.  Thus, appellants argue, Wilz does not provide for editing a sequence of                  
            parameters by displaying a menu because the goal of Wilz is to program a bar code                 
            symbol reader to have the same function parameters as a master bar code symbol                    
            reader and, therefore, Wilz would have no reason to provide a menu of user selectable             
            choices if the goal is to copy a set of parameters identically from one reader to another         
            (brief-page 9).                                                                                   
                   The examiner’s response is to point to column 15, lines 39-41, of Wilz for the             
            disclosure of “the bar code symbol reader hereof may be programmed into any one of                
            typically tens of thousands of different possible Function Configuration States.”  The            
            examiner concludes that this evidences a flexibility in programming bar code readers,             
            “and as a subset of this flexibility, using a particular master configured according to           
            numerous possible configurations, to create several copies of the particular master               
            selected” (answer-page 7).  Apparently, the examiner contends that since this is done             
            with the aid of a “function parameter reading computer” which may use MS-DOS,                     
            Microsoft Windows, etc. and all of these systems “are known to contain menu driven                
            software” (answer-page 7), Wilz must be suggesting receiving commands and                         
            parameter values selected from a computer display menu of commands and parameter                  
            values.                                                                                           

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