Appeal No. 2004-0257
Application No. 09/296,724
pull request to said application module… so that the user
interface controller module is operative for deciding which GUI
elements will be rendered and when and how those GUI elements
will be structured.” It is clear from the language that the
claim requires the pull request to interact with the application
module and, as discussed supra, that the pull request be made
spontaneously.
We now look to the references to determine if the claimed
limitations are met. The examiner, when answering the arguments
with regard to the ‘pull request,’ states that all that is
required by the claims is that a request is produced, not the
performance of a pull request. The examiner goes on further to
state that figure 2 and column 6, lines 29-45 of Fults disclose
the claimed limitations. As to figure 2, we cannot find a
disclosure of an interface controller module spontaneously
generating a pull request. Moreover, the cited text is taken out
of context. In view of the text as a whole, we find that the
interface control module (GUI design of Fults) only outputs
information as opposed to requesting input. We find no teaching
in Fults of information flowing from the application module
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