Ex Parte HIRSCH - Page 5





                 Appeal No. 2004-1365                                                                                  
                 Application No. 09/139,808                                                                            

                 8 form to be programmable functional expressions2 as Ho teaches that the                              
                 selections made in these interfaces are a function used to define how the object                      
                 will be displayed to the end user.  See for example, column 6 lines 51-58, which                      
                 describes that when style number 3 is selected, only a list of choices  (defined in                   
                 section 226) are displayed.  Nonetheless, claim 11 includes the step of parsing                       
                 the functional expression; independent claims 54 and 62 contain similar                               
                 limitation.  As addressed supra, the examiner relies upon figures 2-6 and 9 to                        
                 depict the step of parsing.  The claimed step of parsing operates on the                              
                 functional expression.  As stated supra we find the interface shown in figures 7                      
                 and 8 and the functions selected with these interfaces to meet the claimed form                       
                 and functional expressions, not the form of figures 4-6 and 9.  We do not find that                   
                 Ho teaches parsing the functions selected by the interface shown in figures 7 and                     
                 8.  Accordingly, we will not sustain the examiner’s rejection of claims 11 through                    
                 13, 18, 22, 54 through 57, 59, 62 through 65 and 67 under 35 U.S.C. § 102.                            
                        On page 15 of the brief appellant argues that the rejection of claims 19, 58                   
                 and 66 under 35 U.S.C. § 103 are improper for the same reasons as discussed                           
                 with respect to the rejection of claim 11 under 35 U.S.C. § 102.                                      


                 2 Appellant’s specification, page 2, provides the following definition of functional                  
                 expression: “functional expression may be a function, an operator, a database                         
                 column name, a variable, and/or a constant.”                                                          

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