Ex Parte PALMER et al - Page 9



          Appeal No. 1998-3126                                            9           
          Application No. 08/479,569                                                  
          which is not precisely the same.  We find that, as drafted,                 
          claim 54 is broad enough to read on selecting a function at a               
          time when the help screen has been selected by the help key F1,             
          or selecting an item (function) from the menu and then pressing             
          F1 to see the description of the item.                                      
               In addition, the examiner asserts that under a more narrow             
          interpretation of the term "simultaneous," that the differences             
          between Microsoft and the claim language would have been obvious,           
          and provides reasons, in support thereof (answer, pages 4 and               
          11).  The examiner's position (brief, page 11) is that "toggled             
          sequential selections as in Microsoft and physically simultaneous           
          selections were art recognized equivalents at the time of the               
          invention in the arts of operator interfaces."  Appellants have             
          not addressed this obviousness argument.  In addition, we observe           
          that appellants' specification (page 40) recites that by                    
          simultaneously selecting a pushbutton while holding down a                  
          keyboard help key, a description of the selected function is                
          provided.  Thus, we find that the help key and selected function            
          do not need to be simultaneously initiated, but rather that the             










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