Appeal No. 2002-1875
Application 09/245,776
that displays several graphical icons representing receivers, and
the VCR corresponds to the claimed "set-top box" (EA10).
Appellants respond that Fig. 1 of Taylor is a functional
block diagram of an interface and does not teach that Fig. 1 is
displayed (RBr6). Appellants repeat the arguments from the brief
that the icons in Taylor do not correspond to a "query" or a
query "for a model of a set-top box" (RBr6-7).
The rejection does not fully come to grips with the "query"
limitation. As shown in Fig. 8d, there is actually a request or
"query" in dialog balloon 834 to select a receiver to begin
troubleshooting in addition to the actual icons representing
receiver models. The rejection does not point to anything that
corresponds to this in Taylor. Taylor has icons 10, 16, 20, etc.
in Fig. 1. Although we agree with appellants that Fig. 1 is a
functional block diagram, these icons are clearly intended to be
displayed for selection by a user. While the presence of icons
implies that one can be selected, the mere display of an icon is
not considered a positive teaching of a "query." We have
reservations about other limitations in claim 9, e.g., it is not
clear that the icons in Taylor represent a "set-top box" because
the icons represent a function performed by the computer and not
an actual external office device, but limitations which have not
been argued are not considered. Because Taylor does not disclose
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