Ex Parte SHINAL - Page 11




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

          of transferring commands would include adding the macro data                 
          corresponding to the transferred command because, "[b]y doing so,            
          the system would enhance and provide better tools to end users in            
          terms of building macro file structure" (FR7-8; EA9).                        
               Appellant argues that the examiner admits that Yuasa does               
          not describe claim 11 and Dwyer's discussion pertains to a tool              
          that transfers images in digitized format to an album and "[t]his            
          does not suggest adding the macro data corresponding to the                  
          transferred command to the macro file" (Br8).                                
               The examiner expands on the teachings of Dwyer (EA24-25),               
          but we do not consider this to address appellant's argument.                 
               We do not understand the examiner's rationale or how                    
          determining whether a text file is added to the album in Dwyer               
          corresponds to the claim limitation at issue.  The statement of              
          motivation is also unpersuasive.                                             
               Nevertheless, we do not see how claim 11 distinguishes over             
          Yuasa.  Yuasa allows transfer under user control of all or some              
          of the commands used to produce the command recall (macro)                   
          function.  When the commands are transferred to create the                   
          command recall (macro) file, macro data corresponding to the                 
          command must be added to the macro file to create the macro.                 
          Thus, we sustain the rejection of claim 11 over Yuasa alone.                 




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