Appeal No. 2005-0097
Application No. 09/645,172
prior preference. When a SelectButtonDown event is
detected and the mouse pointer is over the “fast”
region of the slider bar control button 700 (i.e.,
section 702), no change is made in the gain setting
[specification, pages 13 and 14].
The examiner (see pages 4 and 13 in the answer) advances
several explanations as to how and why Ubillos meets the
foregoing limitations. None is persuasive, however, as each is
predicated on an unreasonable interpretation of both the claim
language at issue and the Ubillos disclosure. Moreover, all of
the examiner’s explanations rest on a finding that the Ubillos
scale controllers 17 and 18 constitute second and third sections
for fine adjustment up and down, respectively, as recited in
independent claims 13, 32 and 40. Ubillos, however, provides no
factual support for this finding. Hence, the examiner’s position
that the subject matter recited in independent claims 13, 32 and
40, and dependent claims 9 through 12 and 28 through 31, is
anticipated by Ubillos is not well taken.
II. The 35 U.S.C. § 103(a) rejection of claims 2 through 4, 21
through 23 and 39 as being unpatentable over Ubillos in view of
Rosenberg
As indicated above, independent claim 2 recites a method
comprising, inter alia, the step of providing a thumbwheel
control button on a graphical user interface. Independent claims
21 and 39 contain similar limitations. Understood in light of
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