Ex Parte Sutton - Page 7


                Appeal No. 2006-2461                                                                         
                Application No. 09/991,020                                                                   


                with the same nominal value, selecting a different operator (e.g., selecting “>”             
                instead of “<”) could drastically change the assessment of the acquired data                 
                generated by the test.  Moreover, our interpretation fully comports with                     
                appellant’s definition of “specification”: the respective operators dictate “the             
                acceptable limits or tolerance against which the result of a measurement is to be            
                judged.”2                                                                                    
                      Because Akasheh discloses all claimed limitations of independent claims                
                1, 8, 16, and 21, the examiner’s anticipation rejection of those claims is therefore         
                sustained.                                                                                   
                      Akasheh anticipates the dependent claims as well.  Regarding claims 2, 3,              
                9, 10, 15, and 22, selecting and activating the menu of operators from the                   
                tolerance manager screen in Fig. 8 of Akasheh fully meets receiving a request for            
                a display of the plurality of available specifications wherein the request comprises         
                the selection of an option of a displayed menu as claimed.  Regarding claims 4,              
                5, 11, 12, and 17-19, the menu of operators corresponds to the plurality of                  
                specifications displayed on a menu as discussed previously.  Claims 7, 14, and               
                24 are also fully met by Akasheh since the instructions for determining the                  
                plurality of specifications available (i.e., the available operators in the tolerance        
                manager in Fig. 8) comprises instructions for directing the processing unit to               
                determine the test applied to the device since each operator ultimately                      
                represents a different test.  Even with user intervention, the processing unit will          

                                                                                                             
                2 See reply brief, page 4.                                                                   

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