Ex Parte MCBRIDE - Page 8



          Appeal No. 2004-0040                                                        
          Application No. 09/273,820                                                  
          noted.  However, the persuasiveness of the position is severely             
          weakened because appellant has not set forth any corresponding              
          structure in the specification as filed from which corresponding            
          structure may be ascertained by us and the examiner that would              
          not be in the reference.  It appears that appellant’s claimed               
          means for executing is encompassed within the broadly defined               
          computer program labeled Electrical Rule Checker 100 in the                 
          various figures, which is clearly comparable to the broadly                 
          defined design control system and the Data/Processor Manager as             
          argued by the examiner in the answer within Van Huben.  The first           
          and second storage locations of claim 15 have been addressed in             
          our most recent discussion of dependent claim 10.  Since                    
          appellant’s grouping of claim 15 within group VI includes                   
          arguments presented only as to claim 15 and not directed to                 
          claims 16, 17 and 18, we sustain the rejection of these dependent           
          claims as well.                                                             
               In briefly considering the responses and the arguments in              
          the reply brief, appellant’s positions here are substantially,              
          briefly repetitive to those we have already considered with                 
          respect to the features argued in general positions in the                  
          principal brief on appeal.  We do not regard the examiner’s                 


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