Appeal No. 2002-0279
Application No. 09/164,795
software application.” However, the examiner recognizes that IBM
did not specifically teach a software application requesting data
formats, and receiving a data format selected by a software
application. The examiner contends that this would have been
obvious because IBM teaches that if “Export to application” is
selected, “one must be sure to receiving a signal from said
software application displayed on said monitor indicating that
said software application requests data formats available choose
a file format that an application will accept (ie. Paintbrush
will only accept BMP and PCX formats), suggesting the advantage
of format compatibility between applications (IBM p.35 paragraph
3...)” (sic)(answer-pages 13-14).
We find ourselves in agreement with appellants that claim 7
specifically requires that the application program selects the
data format whereas IBM teaches that a user must select the type
of data. The examiner’s response is that nothing in claim 7
precludes user interaction to help achieve the claimed
limitations, i.e., the selection of a data type. We disagree.
The last step in claim 7 clearly calls for “receiving a selected
data format, said selected format being selected from said at
least one data format by said software application” (emphasis
ours). Thus, claim 7 does require that the application selects
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