Ex Parte SCHOFIELD - Page 6




                    Appeal No. 2001-2269                                                                                                                                  
                    Application No. 08/680,266                                                                                                                            


                    argues that the term "object" used in the claims is a broad term                                                                                      
                    and is not limited to object oriented technology.  The Examiner                                                                                       
                    argues that even though the Sturges reference is not directed to                                                                                      
                    object oriented programming, the broad language used in                                                                                               
                    Appellant's claims does not preclude Sturges reading on the claim                                                                                     
                    language.  See page 8 of the Examiner's answer.                                                                                                       
                              In response, Appellant points out that Sturges does not                                                                                     
                    teach "automatically deallocating" as required by Appellant's                                                                                         
                    claims 19-30.  See page 3 of the reply brief.  The Appellant                                                                                          
                    further points out that the term "object" used in Appellant's                                                                                         
                    claims is indeed limited to a distributed object system because                                                                                       
                    of the special definitions recited in Appellant's specification.                                                                                      
                    See pages 3 and 4 of Appellant's reply brief.  Appellant further                                                                                      
                    argues that the Examiner's interpretation of "an implementation                                                                                       
                    of the call to the object" ignores the common meaning of                                                                                              
                    implementation and the term's explicit definition in the                                                                                              
                    specification.  See page 5 of Appellant's reply brief.                                                                                                
                              As pointed out by our reviewing court, we must first                                                                                        
                    determine the scope of claims 19 and 27.  "[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).  Claims will be given their broadest                                                                                     
                    reasonable interpretation consistent with the specification, and                                                                                      

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