Appeal No. 1999-1691
Application 08/531,812
to user input. It appears that the actual selection of the added menu item in the execution
portion of each independent claim on appeal is done manually in both the claimed
invention and in Padawer. However, this can only occur upon the installation of the menu
item of the first program "into a menu of a second application program in response to the
opening of the second application program." This operation is consistent with the
depiction in disclosed Figures 2 and 4 as described in the paragraph bridging pages 11
and 12 of the disclosed invention.
Since we do not sustain the rejection under 35 U.S.C. § 102 of each independent
claim 1, 7 and 13 on appeal, we reverse the rejection of all dependent claims rejected on
this statutory basis. Similarly, we must reverse the rejection of the respective dependent
claims under 35 U.S.C. § 103 since Allen does not cure the
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