Appeal No. 2002-0367
Application No. 09/108,147
brief, that it refers to some “condition in the operation of a
computer controlled user interactive display which if present
enables a resulting condition.” The specification does give an
enlightening example at page 13 of the specification, wherein two
invocative attributes, such as an IP address and a home web page,
are set forth. As the specification states, “Thus, for each
element, the expression to permit invocation or enablement of the
computing component for addition would be the existence of an IP
address and the existence of a home web page.” If either one of
these attributes does not exist, then invocation or enablement of
the computing component is not enabled.
We find no such “invocative attribute” in Garvey, and
certainly nowhere within lines 20-22 of column 4, cited by the
examiner as disclosing this claim limitation. We also note that
since the examiner has withdrawn a rejection under 35 U.S.C.
§ 112, based on a problem with the term, “invocative attribute,”
it is clear that the examiner understands the term as it is used
in the instant specification and the instant claims. If the
examiner understands the term to be as used in the instant
specification to mean a condition, if present, which would enable
a resulting condition, the examiner’s apparent broad reading of
this term to include the mere selection of any menu item,
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