Ex Parte Putman et al - Page 3




             Appeal No. 2005-2622                                                           Page 3               
             Application No. 09/923,089                                                                          
                   Here, independent claim 1 recites in pertinent part the following limitations:                
                   at least one software application is operative to determine the first and the                 
                   second types of the first and the second input devices, wherein the at                        
                   least one software application is operative to cause a first user interface to                
                   be output through the first display device responsive to the determined                       
                   first type of the first input device, and wherein the at least one software                   
                   application is operative to cause a second user interface different from the                  
                   first user interface to be output through the second display device                           
                   responsive to the determined second type of the second input device.                          
             Independent claims 8, 18, 26, and 37 include similar limitations.                                   


                   Regarding the specification, the appellants make the following assertion.                     
                   As used in the Specification, the recited term "type'' corresponds to the                     
                   physical features and/or capabilities of the input device, and not any form                   
                   of user or operator designations associated with the persons using the                        
                   input devices.  For example, on page 8, lines 14-22; Page 12, line 12, to                     
                   Page 13, line 12, the Specification discusses a mouse type input device                       
                   and a function key type input device as different types of input devices.                     
             (Req. Reh'g at 6-7.)  Reading the aforementioned limitations in view of these parts of              
             the specification, the independent claims require determining whether each input device             
             is a mouse or a set of function keys and then responsively displaying a corresponding               
             user interface.                                                                                     


                               B. ANTICIPATION AND OBVIOUSNESS DETERMINATIONS                                    
                   Having construed the claim limitations at issue, we now compare the claims to                 
             the prior art to determine whether the prior art anticipates or would have suggested                
             those claims.  "A claim is anticipated only if each and every element as set forth in the           








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