Ex parte TRAINOR et al. - Page 9




                Appeal No. 95-2631                                                                                                            
                Application 07/950,402                                                                                                        


                         Under the provisions of 37 CFR § 1.196(b), we enter the                                                              
                following new rejection.                                                                                                      
                         Claim 10 is rejected under 35 U.S.C. § 102(b) as being                                                               
                anticipated by Jindrick, of record.5                                                                                          
                         At the outset, we observe that claim 10 is directed to a                                                             
                method for displaying operational parameters “comprising one of”                                                              
                the steps of “selecting for display . . . by actuating a                                                                      
                dedicated input key” and “selecting for display . . . by                                                                      
                actuating menu navigation keys. . . .”  We interpret this claim                                                               
                language as being of such scope to encompass within its metes and                                                             
                bounds a method for displaying operational parameters by                                                                      
                performing one of the selecting steps set forth in the body of                                                                
                the claims, regardless of whether said method also provides for                                                               
                displaying parameters by performing the other of said selecting                                                               
                steps.                                                                                                                        
                         In discussing prior art controllers of the type disclosed by                                                         
                Jindrick, appellants’  Brief on page 4 contains the following                                                                 
                candid statement:                                                                                                             
                                 In the past, step voltage regulator controllers                                                              
                         have solved the problem of how to display a large                                                                    
                         variety of information on a limited size display by                                                                  

                         5This patent was cited by appellants in the information                                                              
                disclosure statement filed October 1, 1993 (Paper No. 5) and was                                                              
                mentioned on page 4 of appellants’ Brief.                                                                                     
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