Ex Parte Abrams - Page 9


                 Appeal No. 2006-1093                                                                                    
                 Application No. 09/842,471                                                                              


                        We will also sustain the examiner’s rejection of claim 49 because the                            
                 claim also fully reads on Robertson.  Specifically, the claim merely broadly                            
                 recites that motion of the pointing cursor is "modified" as a user moves a pointing                     
                 device from a source point icon to the predicted destination point icon.  The                           
                 claim, however, does not specify how such modification is achieved.  The scope                          
                 and breadth of the claim does not preclude mere cursor movement from one                                
                 control to another in Robertson (i.e., the cursor's motion is "modified" at least                       
                 when the user starts and stops moving the cursor).  Accordingly, the examiner’s                         
                 rejection of claim 49 is therefore sustained.                                                           
                        We will not, however, sustain the examiner’s rejection of dependent claims                       
                 48, 51, and 54.  The examiner indicates that the “NEW,” “OPEN,” and “CLOSE”                             
                 buttons constitute destination point icons that are highlighted when the cursor                         
                 moves to them [answer, page 13].   We disagree with the examiner that this                              
                 feature reasonably constitutes highlighting a destination point icon responsive to                      
                 the prediction step in the manner claimed essentially for the reasons noted by the                      
                 appellant.  Accordingly, the examiner's rejection of claims 48, 51, and 54 is                           
                 therefore reversed.                                                                                     
                        In summary, we have not sustained the examiner's rejection with respect                          
                 to claims 1-46, 48, 51, and 54 on appeal.  We have, however, sustained the                              







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