Ex Parte ISENSEE et al - Page 6




          Appeal No. 2002-1771                                                        
          Application 09/204,914                                                      

          files contained therein, as well as a file itself, claim 1                  
          requires the displayed "high interactivity objects" to be from              
          the "displayed plurality of objects."  Claim 1, as drafted, does            
          not appear to permit a "file" to be displayed as a "high                    
          interactivity object" while the directory that contains the file            
          is what is displayed separately.  We point out this claim                   
          interpretation in case it is not what appellants intend.                    
               Based on the proper claim interpretation, we agree with                
          appellants that the CENTER & RADIUS item cannot be "high                    
          interactivity objects [displayed] separate from but                         
          simultaneously with said displayed plurality of objects" because            
          the CENTER & RADIUS item is not one of the "plurality of                    
          interactive objects" which is monitored.  The examiner errs in              
          finding that the CENTER & RADIUS item is a high interactivity               
          object selected in response to monitoring user interactivity with           
          the CIRCLE object.  The CENTER & RADIUS item in Fig. 3 is clearly           
          a high interactivity object selected in response to monitoring              
          user interactivity with the menu items CENTER & RADIUS, TWO                 
          POINTS (DIAMETER), THREE POINTS on menu 6 (col. 2, line 59 to               
          col. 3, line 5), not with respect to the CIRCLE object as stated            
          by the examiner.  The CENTER & RADIUS high interactivity is not             
          displayed separate from but simultaneously with the menu items of           
          menu 6; only the CENTER & RADIUS object is shown with the other             
          objects concealed by the FULL MENU button.                                  

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