Ex Parte BROOKS - Page 6




              Appeal No. 2002-2023                                                            Paper 31                      
              Application No. 08/689,526                                                      Page 6                        
              the pointer" (id., p. 11).  Thus, the original claim language "changing an orientation of                     
              the pointer" did not specify what triggered the change and broadly encompassed both                           
              rotating the pointer in place, i.e., changing the direction in which the pointer pointed                      
              (e.g., effectively exaggerating the spacing between screen elements), and changing the                        
              direction in which the pointer was heading (e.g., preventing the pointer from coasting                        
              onto an element from any direction).  Independent claims 1, 8 and 15 were later                               
              amended to recite "changing an orientation of the pointer responsive to said                                  
              compared pointer movement line with said barrier,"3 thereby clearly specifying what                           
              triggered a change in orientation.  Since at least two points are needed to define a                          
              "movement line", changing the orientation of the pointer "responsive to said compared                         
              pointer movement line with said barrier" precludes using the current pointer (i.e., only                      
              one point) of the cursor in relation to the barrier to trigger changing the orientation of the                
              pointer.  This interpretation is not inconsistent with the plain meaning of the term or with                  
              its use in appellant's specification.  Moreover, this interpretation is consistent with                       
              statements made by both the examiner and appellant during prosecution.  For example,                          
              in the Final office action,4 the examiner stated                                                              
                             Leah et al. (5,808,601) implements a similar barrier (or boundary)                             
                     and cursor function but it does it in a different way for example applicant                            
                     claims in independent claims 1, 8 and 15 to summarize that he identifies                               
                     and compares the pointer movement line with the barrier to determine                                   
                     movement control actions in contrast to Leah et al. to summarize identifies                            

                     3 See the AMENDMENT filed August 20, 1999 (Paper 10, pp. 2-3).                                         
                     4 See the Final office action mailed February 5, 2001 (Paper 20).  In essence, in the Final office     
              action, the examiner relied on McCambridge to "show changing the orientation" of a pointer, Keyson to         
              "show changing the speed" of a pointer, and Kanamaru to show "comparing a pointer movement line with          
              a selected area or barrier (Paper 20, p. 8, last ¶).                                                          





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