The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.
Paper No. 24
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________
Ex parte STEVEN WILLIAM ROTH
____________
Appeal No. 2001-1764
Application No. 08/784,670
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ON BRIEF
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Before THOMAS, RUGGIERO, and BARRY, Administrative Patent Judges.
BARRY, Administrative Patent Judge.
DECISION ON APPEAL
A patent examiner rejected claims 1, 5, 7, 9, 10-14, 16, 17, 23, 25, 29, 31-33, 36,
39, and 43. The appellant appeals therefrom under 35 U.S.C. § 134(a). We affirm-in-
part.
BACKGROUND
The appellant‘s invention manages menus of a graphical user interface (“GUI”)
for a computer. Using a GUI, a user interacts with a computer by pointing to pictorial
representations of programs (“icons”), lists of items (“menus”), and to individual
representations of other items such as files and commands. Menus may be “fixed
content” or ” variable content” (Spec. at 1.) While the items of a fixed content menu
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