Ex Parte KOPPOLU et al - Page 9




               Appeal No. 2005-1431                                                                                                 
               Application 09/442,070                                                                                               

               groups 902 and 905 and Excel menu groups 903, 904, and 906.  Col. 11, ll. 54-59.  Figure 10                          
               collectively designates the menu groups Formula, Format, Data, Options, and Macro menu                               
               groups as an Object group and shows it separated from the preceding Edit group by a Container                        
               group (e.g., View menu).  The preferred order of the menu groups is described in the following                       
               passage, which appellants argue operates as an incorporation by reference of the entire Windows                      
               Interface document:                                                                                                  
                       In a preferred embodiment, the container and server application menus are                                    
                       interleaved in the final composite menu bar, according to the Microsoft                                      
                       application user interface style guidelines, which is [sic] specified in "The                                
                       Windows Interface: An Application Design Guide," Microsoft Corp.,                                            
                       1992, which is herein incorporated by reference.  Specifically, in the                                       
                       composite menu bar 1003, the groups are arranged left to right in the                                        
                       following order: File, Edit, Container, Object, Window, and Help.                                            
               Col. 12, ll. 13-21 (emphasis added).                                                                                 
                       Applications are preferably provided with an implementation-independent Application                          
               Programming Interface (API) that provides object linking and embedding (OLE) functionality.                          
               Col. 8, l. 65 to col. 9, l.1.  The API is a set of functions that are invoked by container and server                
               applications to manage, among other things, the setup and initialization necessary for container                     
               applications to send and receive messages and data to and from server applications.  Col. 9,                         
               ll. 1-5.  The API provides functions to invoke server applications to manipulate containee                           
               objects.  Col.9, ll. 5-7.  Furthermore, in a preferred embodiment, the in-place interaction API is                   
               implemented using the capabilities of the underlying window system, which in the discussion of                       
               the invention is assumed to be similar to the Microsoft Windows 3.1 operating system                                 


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