Appeal No. 1999-0590
Application 08/444,841
have made but chose not to make in the brief have not been
considered [see 37 CFR § 1.192(a)].
With respect to representative, independent claim 1,
the examiner cites Boulton as teaching an information
processing system in which a user can elect to provide
feedback to a common buffer during the course of using an
application program for later review. The examiner recognizes
that the feedback information in Boulton occurs at the request
of the user rather than through the result of message boxes
automatically displayed by an application program as recited
in claim 1. Nevertheless, the examiner finds that it would
have been obvious to the artisan to add this automatic
feedback feature to the system of Boulton [answer, pages 3-4].
Appellant argues that Boulton makes use of a dialog
box initiated by the user whereas the claimed invention
recites a message box initiated by an application program.
Appellant argues that there is no suggestion in Boulton that
information should be stored in any manner other than upon
request by the operator. Appellant additionally points out
that any suggestion to modify Boulton as proposed by the
examiner is speculative and based on hindsight use of
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