Ex parte WELLS et al. - Page 6

          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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