Appeal No. 1998-0631 Application 07/957,990 The Examiner relies on the admitted prior art (APA) at page 7, lines 2-4, of the specification, and on the following prior art: Parker 3,612,240 October 12, 1971 Johnson et al. (Johnson) 5,056,057 October 8, 1991 John et al. (John) 1,330,742 September 19, 1973 (United Kingdom patent application) The Human Factor In Computers, IBM Technical Disclosure Bulletin, Vol. 30, No. 1, June 1987, pp. 478-80 (hereinafter "Human Factor"). Claims 2-8, 17-23, 31-44, 99-112, and 121-134 stand rejected under 35 U.S.C. § 112, second paragraph, as failing to particularly point out and distinctly claim the subject matter which the applicant regards as his invention because the Examiner and Appellant do not agree on whether the claims read on the species elected in a restriction requirement. See Manual of Patent Examining Procedure (MPEP) § 821 (5th ed., Rev. 14, Nov. 1992).2 Claims 1, 9, 10, 12, 14-16, 24-30, 45-47, 97, 98, 113-120, 135-140, and 206-211 stand rejected under 35 U.S.C. The provisions of MPEP § 821 are substantially2 identical in the 7th edition, July 1998. - 4 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007