Appeal No. 96-1396
Application 08/176,335
In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed.
Cir. 1992).
With respect to representative claim 1, the examiner
has basically read the claim on the disclosure of Fleming, and
the examiner asserts that Fleming teaches the invention of
claim 1 except for the claimed plurality of menu icons
[answer, page 3]. The examiner relies on Muller as teaching a
plurality of menu icons and suggests that it would have been
obvious to replace the menu titles of Fleming with the plural
icons of Muller [Id. at pages 3-4].
Appellants argue inter alia that
Fleming et al provide no "means for
associating one or more actionable
objects in said window with said menu
bar icon..." Instead they provide
only a proxy icon for the window
itself - there is no ability to
associate another object within the
window with a[n] menu bar icon. As a
result, there is no "means for sending
a selection message to the one or more
associated actionable objects" [brief,
page 12].
The examiner responds that the menu bar icon and the objects
in Fleming are associated by merely being icons displayed on
the same window [answer, page 6].
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