Ex Parte JONES et al - Page 11




          Appeal No. 2003-0326                                                        
          Application No. 09/050,871                                                  

          a plurality of menus required by a user to . . . handle routine             
          setup parameters for different types of systems and software                
          application” (emphasis added).  See pages 30 and 31 of                      
          Appellants’ brief.  The Examiner argues that Cowgill clearly                
          recites a test creation environment including a graphic user                
          interface that enables users to create test cases that are stored           
          into the system for testing a UUT.  The Examiner points to col.             
          12, line 12 to col. 13, line 27 of Cowgill.                                 
               Upon our review of Cowgill, we find that Cowgill teaches in            
          col. 12, lines 22 through 28, a main interface driver which is              
          provided to serve as an interface between the host controller and           
          a MMI server.  Furthermore, Cowgill specifies at col. 12, lines             
          32 and 33, that the MMI refers to a generic interface to a UUT.             
          We agree with Appellants that Cowgill specifically discloses a              
          generic interface rather than a menu bar which contains a                   
          plurality of menus required by the user to log on a system, log             
          off a system and handle routine setup parameters for different              
          types of software and software applications as recited in                   
          Appellants’ claim 15.  Therefore, we will not sustain the                   
          Examiner’s rejection of claims 15 through 19 under 35 U.S.C.                
          § 103.                                                                      


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