Appeal No. 2003-1882
Application No. 09/422,365
In rejecting independent claims 1, 9, 20, and 29, the
examiner (Answer, page 5) directs our attention to column 3,
lines 18-23, of Blowers for the claimed first control signal. We
agree that Blowers discloses in column 3, lines 18-23, a first
set of control programs representing tasks. Further, Blowers
discloses in column 3, lines 21-22, that the control programs
define a first set of controls, which appellant recites in step
(b) of claim 1 and step (c) of claims 9, 20, and 29. For the
claimed "second control signal selecting a first control of the
first plurality of controls" for claim 1, and "receiving
information upon selection of a first control" for claims 9, 20,
and 29, the examiner (Answer, pages 5 and 9) relies on a portion
of the abstract and lines 15-45 of column 3. In particular, the
examiner relies upon Blowers' disclosure in the above-noted
portions of hardware operating parameters defining a second set
of standard controls and receiving commands from a user to select
a hardware operating parameter. The examiner states (Answer,
pages 9-10) that "[i]t is clearly [sic] that 'receiving commands
from a user to select desired hardware' is read as receiving the
command to select a first control to receive the desired
hardware."
Appellant contends (Brief, page 4) that Blowers fails to
disclose receiving a second control signal selecting a first
control. We agree. The examiner has read the claimed first
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