Ex Parte SHINAL - Page 5




          Appeal No. 2002-1868                                                         
          Application 09/059,033                                                       

          images.  The system receives and stores digitized images                     
          (abstract).   A key aspect of the system is that the operator is             
          allowed to perform only a predetermined set of image processing              
          functions that correspond to the graphical icons 30, where each              
          of the icons 30 launches a set of linked macro functions that                
          perform a variety of tasks (abstract; col. 4, lines 15-30).  We              
          agree with appellant that the operator in Dwyer merely launches              
          macros using the icons 30 and does not move commands from a log              
          file to a macro file as found by the examiner.  We also do not               
          understand the examiner's reasoning regarding Clark as applied to            
          the limitation of "the log file maintaining a real time                      
          sequential history of each of said plurality of user commands."              
          Clark does mention the words "real time" in the title, but Clark             
          is a machine system for controlling admission of communications              
          connection to a communications network (col. 2, lines 30-35).  We            
          find no description of user commands, much less maintaining a                
          sequential history of user commands.  The network controller in              
          Clark is a machine, not a human, and the admission control policy            
          data is data stored in a switch, not user commands.  The examiner            
          states that "[t]he policy data is input into connection                      
          algorithms and admission algorithms operated by the switch which             
          implement in real time connection (see column 8, lines 5-19) and             
          that is a log file maintaining a real-time sequential history of             
          user commands" (EA22).  The examiner's reasoning is obscure and              

                                        - 5 -                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007