Ex Parte KUSNITZ et al - Page 3




          Appeal No. 2001-0860                                                         
          Application No. 08/772,047                                                   

               determining if speech recognition is installed on said                  
          computer system while maintaining the input component and the                
          speech enabled object-oriented input component; and                          
               replacing said object-oriented input component of said                  
          application program with said speech enabled input component at              
          runtime to allow speech operation in said application program.               
               The Examiner relies on the following references in rejecting            
          the claims:                                                                  
          Gen Kiyooka, “Object-Oriented DLL’s” (OODLL), Byte, pp. 257-259,             
          (December 1992).                                                             
          Esther Schindler, “Computer Speech” (Speech), Chapters 12 and 13,            
          pp. 221-294, (February 1996).                                                
               Claims 1-12 stand rejected under 35 U.S.C. § 103(a) as being            
          unpatentable over Speech in view of OODLL.                                   
               Rather than reiterate the viewpoints of the Examiner and                
          Appellants regarding the above-noted rejection, we make reference            
          to the answer (Paper No. 16, mailed May 5, 2000) for the                     
          Examiner’s reasoning, and to the appeal brief (Paper No. 15,                 
          filed February 22, 2000) for Appellants’ arguments thereagainst.             
                                       OPINION                                         
               Appellants argue that the combination of Speech and OODLL,              
          as proposed by the Examiner, is suggested by neither of the                  
          references and only use of hindsight would have supplied what is             
          missing in the references (brief, page 4).  Appellants further               
          point out that while Speech provides an overview of what various             

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