Ex Parte ENDICOTT et al - Page 4




          Appeal No. 2002-0276                                                        
          Application 09/033,614                                                      


          138 (Fed. Cir. 1986) and Lindemann Maschinenfabrik GMBH v.                  
          American Hoist & Derrick Co., 703 F.2d 1452, 1458, 221 USPQ 481,            
          485 (Fed. Cir. 1984).                                                       
               Appellants state that claims 7, 9, 11 and 13 generally call            
          for: 1) an object instance that is a member of a first claims;              
          and 2) change said object instance such that the object instance            
          is a member of a second class.  Appellants argue that Conner does           
          not disclose a mechanism that changes an object instance that is            
          a member of the first class to be a member of a second class.               
          Appellants argue that the Examiner erred in relying on Conner’s             
          disclosure of an initialization for a teaching of modification.             
               Upon our review of Conner, we note that Conner teaches in              
          column 28, lines 56 through 68 that a generic class object is               
          created by initializing a default value at block 720 and then is            
          initialized for a particular new class.  Upon our review of the             
          reference as a whole we find that Conner’s passage would only               
          teach to those skilled in the art that a memberless object is               
          made a member of a new class.  However, we fail to find any                 
          teaching in Conner of a method or apparatus for modifying an                
          object instance, where the object instance is a member of a first           


          class and than changing said object instance such that said                 
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