Ex Parte Bauchot et al - Page 5



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

          be said of “the name” in claim 5, the claimed “a status value” in           
          claim 6, and the corresponding “the status value” in claim 7.               
          The reference of “said steps” in claim 8 is not recited in parent           
          independent claim 1 from which it directly depends.  Claim 9                
          recites the display on a screen of “a computer system” but does             
          not specify that it is the claimed computer system in the                   
          preamble of independent claim 1.  It appears that this may be a             
          part of another unstated computer system.                                   
                    Independent claim 10 is rejected for the same reasons             
          as set forth with respect to independent claim 1.                           
                    As to claim 11, this claim is indefinite because it               
          cannot be determined if it is to be construed as an independent             
          claim on its own or whether it is in fact merely a dependent                
          claim from claim 1.  In the latter case, since independent                  
          claim 1 is a method claim, on its face, its dependent claim 11              
          may be purported to comprise a structure claim.  Therefore, it is           
          not clear whether claim 11 is in fact a method or an apparatus              
          claim.  The claimed “medium” is merely stated to be “computer-              
          usable” and not actually used in a computer system.  This                   
          computer is not stated to be the computer system of the preamble            
          of claim 1.                                                                 


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