Ex Parte Bauchot et al - Page 4



          Appeal No. 2006-0533                                                        
          Application 09/838,420                                                      

          recited to be one or a plurality of cells of the identified                 
          spreadsheet in the preamble.  The “table” is not stated to be in            
          a memory of the computer system.  There is only at most an                  
          inferential statement of managing the Boolean variables.  The               
          nature of the meaning of the word “managed” is not defined as is            
          the word “defining” itself.  Likewise, the broad use of the word            
          “referencing” in the body of the claim has no operative                     
          relationship or has a questionable scope as to the meaning of the           
          term.  Significantly, the words “can be set” are not a positive             
          statement of anything and appear to relate only to a future act             
          that may or may not ever occur.  Additionally, the fact, as                 
          recited, that the variables “can be set” as true or false does              
          not recite accurately all conditions, which include, as claimed,            
          the condition of the absence of a true and false setting being              
          set; neither being set is also a condition.  Additionally, the              
          scope of meaning of the word “impact” is not determinable as                
          well.  Overall, it may be fairly stated that the metes and bounds           
          of independent claim 1 on appeal cannot reasonably be determined.           
                    When we turn to the dependent claims, the claimed “the            
          status value” of dependent claim 3 is not initially recited in              
          parent independent claim 1 from which it depends.  The same may             


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