Appeal No. 2005-0232
Application No. 10/169,818
position along a path and “moving means for moving the audio
adjustment parameter along the path to a second position
indicative of a second value of the audio adjustment parameter”.
Appellant argues that claims 1 and 7 are distinguishable
from Yatsu because Yatsu teaches an extension of an adjustment
parameter to indicate an increase in value. Appellant
illustrates this in Table I on page 6 of the brief. Appellant
asserts that, therefore, the adjustment parameter in Yatsu is
never moved along a path, but it is best characterized as
teaching an expandable/contractable index for adjusting a
parameter. Brief, page 6. By comparison, appellant sets forth
an illustration in Table II, on page 7 of the brief. Appellant
states that the present application is accurately characterized
as teaching a movable index for adjusting a parameter as
illustrated in Table II.
In response, on pages 5-7 of the answer, the examiner
disagrees with appellant’s characterization of the claimed
invention and teachings of Yatsu, and we refer to the examiner’s
position therein.
Appellant emphasizes the claimed recitations regarding a
“movable index” of claim 1, or a “moving means . . . along a
path to a second position” of claim 7. However, each of claims
1 and 7, does not contain limitations that provide for the more
narrow interpretation that appellants wish imparted to these
claims. Appellants wish us to interpret these claims as limited
to requiring a movement similar, for example, to the movement of
a peg in a pegboard game. However, the specification does not
limit the movement as such, and nor do claims 1 and 7.
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