Ex Parte MACPHAIL - Page 2



          Appeal No. 2004-1557                                                        
          Application No. 09/451,942                                                  

          graphical user interface.  The selectable points do not comprise            
          alphanumeric characters.                                                    
               Claim 1 is illustrative of the claimed invention, and it               
          reads as follows:                                                           
               1.  A method of forming a graphical user interface,                    
          comprising:                                                                 
               configuring a line on a display screen which is in                     
          communication with a display controller; and                                
               configuring multiple selectable points along the line,                 
          wherein each selectable point corresponds to a piece of                     
          information accessible using the display controller, wherein said           
          each selectable point does not comprise alphanumeric characters,            
          and wherein the graphical user interface is adapted to display              
          the corresponding piece of information in response to selection             
          of a selectable point.                                                      
               The references relied on by the examiner are:                          
          Isensee et al. (Isensee)      5,550,559           Aug. 27, 1996             
          Manson et al. (Manson)        5,731,997           Mar. 24, 1998             
          Kirk et al. (Kirk)            5,768,578           June 16, 1998             
          Bates et al. (Bates)          5,777,616           July  7, 1998             
          Mukherjee                     6,314,415           Nov.  6, 2001             
                                                  (filed Nov. 4, 1998)                
               Claims 1 through 28 stand rejected under the first paragraph           
          of 35 U.S.C. § 112 for lack of written description of the phrase            
          “each selectable point does not comprise alphanumeric                       
          characters.”                                                                
               Claims 1 through 5, 19 through 22 and 25 stand rejected                
          under 35 U.S.C. § 102(b) as being anticipated by Kirk.                      
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