Appeal No. 1997-3224
Application No. 08/231,531
Maschinenfabrik GMBH v. American Hoist & Derrick Co., 730 F.2d
1452, 1458, 221 USPQ 481, 485 (Fed. Cir. 1984).
On page 13 of the Examiner's answer, the Examiner states
that although Appellants argue that Kodosky is different from
the claimed invention because Kodosky requires the user to
connect block diagrams, claim 10 does not contain any
limitations directed to connecting block diagrams. On page 14
of the Examiner's answer, the Examiner argues that claim 10
broadly claims a means to automatically generate graphical
representation of any computer operation in response to a
pull-down menu selection. The Examiner further argues that
Kodosky teaches this limitation.
Appellants argue that the Examiner's interpretation is
simply inconsistent with the actual claim language recited in
claim 10. The Examiner quotes the relevant portion of claim
10 as follows:
[A] display module for automatically generating
a graphical representation of the record generated
by the graphical data flow diagram module, the
automatically generated graphical representation
including graphical representations of the
operations performed in response to the selection of
commands from the pull-down command menus and
functional relationships between the graphically
represented operations.
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