Ex Parte JONES et al - Page 3




          Appeal No. 2002-0654                                                        
          Application No. 09/024,311                                                  


          separate, additional “further” user actuation/mouse clicking is             
          required for activation of the associated graphical object.                 
               Page 3 of our prior decision sets forth the backdrop for               
          this noted limitation for which succeeding pages 3 through                  
          8 discuss the specific teachings and suggestions of Koppolu and             
          Rosenberg and their proper combinability within 35 U.S.C. § 103             
          in detail.  As such, it is not well received that the appellants            
          would assert at page 3 of the request “[n]either the Decision of            
          the Board of Appeals and Interferences nor the Examiner’s Answer            
          addresses the foregoing issue.  The Decision of the Board of                
          Appeals and Interferences does not mention the limitation                   
          contained in the bolded language.”                                          
               Appellants’ separate discussion of claim 29 at pages 4 and             
          5 of the request is equally not well received.  Page 5 of the               
          request for rehearing makes note of the first and second instance           
          limitations of claim 29 and then asserts that these limitations             
          were “not addressed in either the Examiner’s Answer or the                  
          Decision of the Board of Appeals and Interferences.”  This view             
          is not understood because appellants recognize at page 4 of the             
          request for rehearing that the subject matter of this claim along           
          with dependent claims 16 and 17 were discussed at page 10 of our            
          original opinion.  There we also made note that the examiner had            

                                          3                                           





Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007