Appeal No. 95-4356
Application 08/133,821
a selectable action. Even using this broad definition, the
Berry help screens cannot be viewed as action submenus.
Since we agree with appellants that the help screens
of Berry cannot suggest the action submenus as recited in
independent claims 17, 20 and 24, and since the examiner has
not given a satisfactory response to this argument, we do not
sustain the rejection of claims 17-27 as formulated by the
examiner.
In summary, we have not sustained the rejection of
claim 16 under the second paragraph of 35 U.S.C. § 112, but we
have sustained the rejection of claim 16 under 35 U.S.C. §
103. We have not sustained the rejection of claims 17-27
under 35 U.S.C.
§ 103. Accordingly, the decision of the examiner rejecting
claims 16-27 is affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
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