Ex Parte PALMER et al - Page 8



          Appeal No. 1998-3126                                            8           
          Application No. 08/479,569                                                  
          user then presses key F1 see a description of the menu item.  For           
          example, to request help information regarding the "View" menu              
          item, a user would select "View" on the menu bar using the                  
          keyboard, and then press key F1 to see a description of the item            
          "View."                                                                     
               We agree with the examiner (answer, page 4) that the help              
          key remains selected after being pressed as evidenced by the                
          presence of the help screen, and that when the function is then             
          selected, both the help key F1 and the function are simulta-                
          neously selected.  We likewise find that when the keyboard is               
          used to select an item on a menu, the item remains selected, and            
          pressing F1 to see a description of the item provides a                     
          simultaneous selection of both items, because if an item were               
          selected and then unselected, pressing F1 would not produce a               
          description of the item.                                                    
               We additionally agree with the examiner (answer, page 11)              
          that "the claims call for simultaneity of selection rather than             
          [simultaneous] initiation of selection."  Claim 54 as drafted,              
          does not require that the help key is pressed at the same time as           










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