Ex Parte Barker et al - Page 2




               Appeal No. 2006-1754                                                                                                  
               Application No. 10/046,940                                                                                            

                                                         BACKGROUND                                                                  
                       The rejection of claims 1-25 has been appealed.  Claim 1 is reproduced below.                                 
                       1. A method of generating display information from management definition                                      
                       data, said method comprising:                                                                                 
                               receiving an element request from a user;                                                             
                               locating a display name corresponding to the element request in a                                     
                       management definition object;                                                                                 
                               retrieving one or more qualifier values and one or more data definitions                              
                       corresponding to the display name, wherein the retrieving includes reading the                                
                       management definition object;                                                                                 
                               creating one or more data elements using the data definitions; and                                    
                               writing the qualifier values and data elements to a display panel.                                    
                       In the Final Rejection (mailed Jan. 28, 2005), the examiner rejected claims 1-23                              
               and 25 under 35 U.S.C. § 102(e)(1), and claim 24 under 35 U.S.C. § 103(a), over                                       
               published patent application US 2003/0095145 A1 (“Patrizio”), filed October 30, 2001.                                 
                       The examiner indicated in the Final Rejection that appellants’ declaration filed                              
               under 37 CFR § 1.131 is ineffective to antedate Patrizio because: (1) the declaration is                              
               signed by less than all the named inventors; (2) the submitted evidence is insufficient to                            
               establish conception of the invention prior to the effective date of the reference; (3) the                           
               submitted evidence fails to show the claimed invention was reduced to practice prior to                               
               the effective date of the reference; and (4) the submitted evidence is insufficient to show                           
               conception of the invention prior to the effective date of the reference coupled with due                             


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