Appeal No. 1997-3224
Application No. 08/231,531
recognizable 'heart' of the invention." Para-Ordnance Mfg. v.
SGS Importers Int'l, Inc.,
73 F.3d 1085, 1087, 37 USPQ2d 1237, 1239 (Fed. Cir. 1995),
cert. denied, 519 U.S. 822 (1996) citing W. L. Gore & Assoc.,
Inc. v. Garlock, Inc., 721 F.2d 1540, 1548, 220 USPQ 303, 309
(Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984).
Appellants argue on page 13 of the brief that claims 1
through 8 and 22 through 24 should be reversed because the
combination of Kodosky and Macromedia Director Overview Manual
would not result in the claimed invention even if the
combination could be made. On pages 13 and 14, Appellants
quote the pertinent parts of claim 1 and the other independent
claim 23. Appellants argue that the Examiner ignores that the
claim requires that an operation corresponding to the command
be performed upon detection of a selection of a command.
Appellants respectfully submit that "Kodosky does not suggest
performing an operation corresponding to the command upon
detection of the selection of the command but rather at some
later time" (page 14 of brief). Appellants further argue that
it is clear from the review of Macromedia Director Overview
Manual that the presentation elements are not displayed or
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