Appeal No. 1999-0880
Application No. 08/700,610
just an indication that switch 22 is either in program mode or
not. This box does not, necessarily, describe a software
operation. Similarly, further on down in the flowchart, when
it is indicating “Store code at location pointed to by the
code location pointer,” this is easily explained by the
microprocessor 44 storing the code at a location indicated by
mechanical code location pointer 23. Further, the instruction
in the next block, indicating “Increment code location
pointer. If pointer increments over five,” may very well
represent a manual “incrementation” of manual code control
pointer 23 back to the “1" position after storing a code in
the “5" position, notwithstanding Dr. Rhyne’s indication that
the term “increment” would be understood by artisans to refer
to a software embodiment. However, when the last mentioned
block in Figure 3 also recites, “then load code location
pointer with one” [emphasis ours], we agree with Dr. Rhyne
that this can only refer to a software-based action since
“load” is conventionally meant “[t]o place data into internal
storage” [see IEEE Dictionary (1984)-Exhibit B attached to the
Rhyne declaration]. In our view, it would not be reasonable
to attribute a “loading” function to the mechanical code
14
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007