Ex Parte MOLDENHAUER et al - Page 5




          Appeal No. 2002-1875                                                        
          Application 09/245,776                                                      

               Appellants respond that reading a "user" on a computer is              
          unreasonable and inconsistent with how one of ordinary skill in             
          the art would interpret the claim (RBr3-5).  Appellants also                
          respond that even if the computer is the "user," the entity that            
          "entered" the requests in Cupps is the customer of the web pages,           
          not the computer (RBr2-3).                                                  
               We agree with appellants that the examiner's interpretation            
          of a "user" to be the computer in Cupps is unreasonable.  The               
          "user" is the user of the claimed computer program product and we           
          hold that it is unreasonable to interpret a "user" be anything              
          other than a human being.  Although we agree with the examiner              
          that the questions in Cupps (location, type of service, range of            
          miles for takeout service, col. 9, lines 48-62) are a set of                
          queries, as broadly recited, they are not "a set of queries for             
          the user to ask the customer" and the responses are not "entered            
          by the user," as claimed.  Accordingly, the anticipation                    
          rejection of claims 1-8 is reversed.                                        

               Taylor                                                                 
               Taylor discusses that computers can perform the functions of           
          many familiar office devices, but novice users are often confused           
          when trying to operate office devices through the computer                  
          (col. 1, lines 15-28 & 37-41).  Taylor discloses a computer/user            
          interface for computer hardware resources (col. 1, lines 11-13).            
          The graphical interface associates, in the mind of a user, a                
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