Appeal No. 1999-1563
Application 08/509,619
modification by the framework customer. Finally, the Examiner
asserts that Lemon's statement
at column 4, lines 50-55, is a disclosure of core functions as
"aspects of the framework mechanism [that] are present to
provide/ensure consistent behavior of the framework as a
whole".
As pointed out by our reviewing court, we must first
determine the scope of the claim. "[T]he name of the game is
the claim.” In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d
1523, 1529 (Fed. Cir. 1998).
Turning first to Appellants' claim 2, we find that the
final subparagraph of this claim provides "said I/O framework 14
mechanism further comprising core function and extensible
function, said core function being designed such that said
core function is not to be subject to modification by a
consumer of said framework mechanism" (emphasis added). We
have carefully reviewed each section of Lemon relied upon by
the Examiner as disclosing this limitation, and find no such
disclosure.
14Lines 11-14.
8
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