Ex Parte NIELSEN - Page 8



          Appeal No. 2002-0638                                                        
          Application 08/932,239                                                      

          the movement of the scroll button is to change the view with                
          respect to the coordinate system utilized there.                            
               The feature of the claim defining a scroll bar path as a               
          function of "N dimensional space" is problematic.  This claim               
          appears to violate 35 U.S.C. § 112, fourth paragraph, in that it            
          recites the dimensions to be broader than the three dimensional             
          virtual world of the preamble of claim 25 on appeal.                        
          Additionally, the recitation of N dimensional space is inclusive            
          of two dimensional space of the prior art.                                  
               The Macintosh reference relied upon by the examiner was                
          initially utilized at page 3 of the final rejection in the                  
          formulation of the same second stated rejection.  Appellant's               
          argument at the bottom of page 9 of the Supplemental Appeal Brief           
          that Macintosh does not teach or suggest the multidimensional               
          scroll bar is misplaced since such a feature is not recited in              
          any claim on appeal.  Additionally, the claimed feature                     
          apparently referenced by appellant in this argument is that the             
          scroll bar claimed may move along a path only as a broadly                  
          defined "function in N dimensional space."  The examiner is                 
          correct at page 7 of the answer when the observation is made that           
          "a scrollbar referenced to, and moving with, the data in the                
          window are not recited in the rejected claim(s).  Furthermore,              
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