Appeal No. 1998-3126 6
Application No. 08/479,569
deficiencies in Ludwig, the examiner turns to Microsoft for a
teaching of a help key and simultaneous selection for the purpose
of helping a user with system documentation. The examiner
acknowledges (id.) that the function is selected after initial
selection of the help key, but takes the position that “the help
key remains selected after being pressed as evidenced by the
presence of the help screen and thus, both help key and function
are simultaneously selected when the function is selected.” The
examiner asserts (answer, page 11) that:
It is noted that the claims call for simultaneity of
selection rather then [sic, than] initiation of
selection. This must be so because to require absolute
simultaneity of triggering in the nanosecond world of
computers would be a statistically impossible
criterion.
The examiner adds (answer, page 4) that "even a more narrow
interpretation of 'simultaneous' would be an obvious embodiment
because toggled sequential selections as in Microsoft and
physically simultaneous selections were art recognized
equivalents.” The examiner (answer, page 4) additionally relies
upon Reed for a teaching of user selectable functions associated
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