Ex Parte THURIES et al - Page 7




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


                   We disagree.                                                                               
                   We do agree with appellant that Wilz discloses the copying of a set of                     
            parameters identically and, as such, would not particularly need a menu of user                   
            selectable choices.  However, Wilz is not limited to merely identically copying a set of          
            parameters, i.e., the “clone” mode.  As indicated at column 15, lines 48-62, of Wilz, a           
            user selects functions “for either mastering or cloning a bar code symbol                         
            scanner/reader.”  Therefore, since a user selects functions when programming a master             
            (Function Programming Mode), Wilz does disclose an embodiment wherein user                        
            selections are made, and not merely copied.                                                       
                   Accordingly, one may wish to provide a menu for the user in Wilz.  Unfortunately,          
            for the examiner’s position, we find no suggestion of a display menu in Wilz nor has the          
            examiner established a convincing line of reasoning as to why the artisan would have              
            been led to provide such a display menu.  While Wilz does mention MS-DOS, Microsoft               
            Windows, etc. and all of these systems, as stated by the examiner, “are known to contain          
            menu driven software,” there is no suggestion in Wilz of “establishing a display menu of          
            the parameterization commands and the parameter values” (claim 1) or “receiving a                 
            number of scanner commands and scanner parameter values selected from a computer                  
            display menu of commands and parameter values” (claim 12) or “generating a computer               
            interface menu of user selectable commands and parameter values” (claim 17) or                    
            “selecting a number of symbol reader commands and symbol reader parameters from a                 

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