Ex parte GROSS et al. - Page 6




          Appeal No. 1997-3425                                       Page 6           
          Application No. 08/087,824                                                  


          Microsoft in view of Bealkowski further in view of Fisher.                  
          Rather than repeat the arguments of the appellants or examiner              
          in toto, we refer the reader to the briefs and answers for the              
          respective details thereof.                                                 


                                       OPINION                                        
               In reaching our decision in this appeal, we considered                 
          the  subject matter on appeal and the rejections advanced by                
          the examiner.  Furthermore, we duly considered the arguments                
          and evidence of the appellants and examiner.  After                         
          considering the totality of the record, we are persuaded that               
          the examiner erred in rejecting claims 1, 3, 4, 6-8, and 10-                
          13.  Our opinion addresses the interpretation and obviousness               
          of the claims.                                                              


                            Interpretation of the Claims                              
               The language of the claims requires interpretation.                    
          “Claims are not interpreted in a vacuum, but are part of and                
          are read in light of the specification.”  Slimfold Mfg. Co. v.              
          Kinkead Indus., Inc., 810 F.2d 1113, 1116, 1 USPQ2d 1563, 1566              
          (Fed. Cir. 1987) (citing Hybritech Inc. v. Monoclonal                       







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007