Ex Parte Blair et al - Page 6



               Appeal No. 2006-1139                                                                                                
               Application No. 09/740,977                                                                                          

               creation of a new slate by replacing a cycle with another cycle from another slate and/or                           
               editing an operational parameter.                                                                                   
                       These limitations we do not find taught or suggested by Beachem and we do not                               
               find Manson to be of any help in this regard.  While Beachem permits variations in each                             
               of the program selections A-H, these variations are preprogrammed and no new slate                                  
               may be created by replacing one of the cycles in, say, program A, with a cycle in, say,                             
               program B.  Moreover, Beachem provides for no editing of an operational parameter                                   
               within a slate.                                                                                                     
                       Manson was applied by the examiner as allegedly teaching the replacement of a                               
               cycle with another cycle, at column 6, lines 5-11, but this portion of Manson merely                                
               describes the substitution by a user of one cycle with a favorite customized customer                               
               cycle.  There is no indication in Manson, nor is there any suggestion to the artisan, that                          
               the selection of a customized favorite customer cycle creates any new slate.  While                                 
               Manson may change options in a washing cycle, for example, Manson seems to be                                       
               concerned only with redesignating some cycle as a favorite cycle.  We find nothing                                  
               therein indicative or suggestive of creating new slates through the designation of a                                
               favorite cycle.                                                                                                     
                       Accordingly, we will not sustain the rejection of claims 1, 3-7, 10-15, and 17-20                           
               under 35 U.S.C. §103.                                                                                               
                       With regard to claims 8 and 9, claim 8 calls for selectively establishing an                                
               operation mode and a programming mode.  Appellants do not present any separate                                      



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