Ex Parte FREACH et al - Page 7




                    Appeal No. 2002-0883                                                                                                                                  
                    Application No. 08/759,899                                                                                                                            


                    See column 5, lines 62-66.  When the user decides to view the                                                                                         
                    cube, the user selects the "cube/formation" item from the drop-                                                                                       
                    down menu.  In response, the graphical user interface causes the                                                                                      
                    desktop to "fall" away from the user, revealing the cube.  The                                                                                        
                    user can select default images so that these images are displayed                                                                                     
                    on the faces of the cube when it is first formed.  See column 6,                                                                                      
                    lines 15-23.  When the user wishes to return to the desktop, the                                                                                      
                    user selects "cube/disband" from the drop-down menu.  In                                                                                              
                    response, the cube disappears, the desktop rises to fill the                                                                                          
                    screen, and any windows that were mapped to the cube reappear on                                                                                      
                    the desktop.  See column 6, lines 38-42.  In an alternate                                                                                             
                    embodiment, Goh teaches that the windows which are textured-                                                                                          
                    mapped to the faces of the cube are application work spaces.  See                                                                                     
                    column 6, lines 6-14.                                                                                                                                 
                              The Examiner argues that the Goh's windows 104, shown on                                                                                    
                    cube 500, in Figure 5, read on Appellants' claim "desktops."  See                                                                                     
                    pages 2 and 3 of the final rejection.                                                                                                                 
                              As pointed out by our reviewing court, we must first                                                                                        
                    determine the scope of the claim.  "[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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