Ex parte LIVINGSTON - Page 4




          Appeal No. 2000-0772                                                        
          Application No. 09/018,931                                                  


          At page 4 of the brief, appellant acknowledges that                         
          Dazey’s Show Index button 90 illustrated in Figure 4 is a                   
          control option.  It is argued by appellant that although the                
          control option 90 is disposed adjacent to the help control                  
          (Show Help button 66) as defined in claim 1, the help control               
          66 does not reference the control option for obtaining help                 
          information about the Show Index button.  Rather, it is urged               
          that button 66 is intended to reference application window 44               
          and/or workspace 50, which are not control options, for                     
          obtaining help information about the window and/or workspace                
          in help pane 70.                                                            
          In the second full paragraph at page 11 of the answer,                      
          the examiner’s response is that in Dazey’s invention the Show               
          Help button 66 is displayed adjacent to workspace 50 “from                  
          which is (sic:it) can assist the user with context specific,                
          step-by-step, instruction”.                                                 
          We are not persuaded by appellant’s argument, even though                   
          we agree with appellant that window 44 and workspace 50 are                 
          not control options.  At column 4, lines 46-53, Dazey                       
          discloses that the application is configured to provide help                
          to a user during creation of the work and that the help                     
                                         -4–                                          





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