Ex Parte SHINAL - Page 10




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

          Given the statement of motivation and Dwyer, we do not see how               
          one of ordinary skill in the art would arrive at the claimed                 
          invention.  The motivation is not supported by the record.                   
               Nevertheless, despite the examiner's finding to the                     
          contrary, we do not see how claim 10 distinguishes over Yuasa.               
          Yuasa allows transfer under user control of all or some of the               
          commands used to produce the command recall (macro) function.                
          Information for the commands must inherently be stored at least              
          during the time the user is creating the command recall (macro)              
          function from the commands; it is certainly stored somewhere so              
          it can be displayed on talker 302 for selection by the operator.             
          And, the macro commands in Yuasa are stored for subsequent                   
          operation (col. 34, lines 13-16).  Thus, we sustain the rejection            
          of claim 10 over Yuasa alone.                                                


          Claim 11                                                                     
               Claim 11 recites: "The method of claim 1, wherein                       
          transferring commands further comprises: adding the macro data               
          corresponding to the transferred command to the macro file."                 
               The examiner admits that Yuasa does not disclose this                   
          limitation (FR7; EA8-9).  The examiner finds that Dwyer teaches              
          this limitation because it is determined whether or not a text               
          file is added to the album 38 (FR7; EA9).  The examiner concludes            
          that it would have been obvious to modify Yuasa so that the step             

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