Ex Parte CELIK - Page 14



          Appeal No. 2000-0467                                                        
          Application 08/511,645                                                      

          containers in Berry’s system, the “outcome is dependent upon                
          whether the source of the object is in the same workspace as the            
          destination for the object.”  See page 7, lines 17-18 of the                
          Brief.                                                                      
               We fail to find that this limitation is set forth in                   
          Appellant’s claim language of claim 1.                                      
               Further, Appellant argues that, “the operation performed on            
          the object being manipulated, in accordance with the present                
          invention, is a MOVE (when the destination is a container                   
          object), whether or not the source document or media volume is              
          the same as the destination.”  See page 7, lines 18-21 of the               
          Brief.                                                                      
               Again, we fail to find that this limitation is set forth in            
          Appellant’s claim language of claim 1.  Specifically, having                
          determined the scope of the claim, we find nothing in Appellant’s           
          claim language that precludes the reading of Berry’s teaching on            
          the claim as stated supra.  We are relying on Berry’s teaching of           
          the second object being a folder which enables Berry’s system to            
          operate in the same way as Appellant’s claim.  Further, we note             
          that Appellant’s claim does not preclude other features such as a           
          diskette.                                                                   

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