Ex Parte Fuller et al - Page 2




             Representative claim 1 is reproduced as follows:                                                         
                    1. A computer-implemented method for creating a graphical                                         
                    program, the method comprising:                                                                   
                           receiving user input selecting one or more nodes to                                        
                    include in the graphical program from at least one first                                          
                    palette, wherein the at least one first palette presents a                                        
                    plurality of all available nodes for selection;                                                   
                           including the one or more selected nodes in the                                            
                    graphical program: and                                                                            
                           displaying one or more suggested nodes to include in                                       
                    the graphical program in a second palette, based on the one                                       
                    or more modes selected by the user input, wherein the second                                      
                    palette is separate from the at least one first palette, and                                      
                    wherein the one or more suggested nodes are selectable by the                                     
                    user for inclusion in the graphical program.                                                      
             The examiner relies on the following references:                                                         
             Choy et al. (Choy)            5,506,952          Apr. 09, 1996                                           
             Sojoodi et al. (Sojoodi)      5,784,275          July 21, 1998                                           
             Thomsen et al. (Thomsen)      6,064,409          May  16, 2000                                           
             Claims 1-4, 7-10, 17-21, 24-26, 31-35, 38, 39, 42-50, 54 and 55 stand rejected                           
             under 35 U.S.C. § 102(b) as being anticipated by the disclosure of Sojoodi.  Claims 11-                  
             16, 27-30, 36, 37 and 51-53 stand rejected under 35 U.S.C. § 103(a) as being                             
             unpatentable over the teachings of Sojoodi in view of Choy.  Claims 40 and 41 stand                      
             rejected under 35 U.S.C. § 103(a) as being unpatentable over the teachings of Sojoodi                    
             in view of Thomsen.                                                                                      
             Rather than repeat the arguments of appellants or the examiner, we make                                  
             reference to the briefs and the answer for the respective details thereof.                               
             OPINION                                                                                                  
             We have carefully considered the subject matter on appeal, the rejections                                
             advanced by the examiner and the evidence of anticipation and obviousness relied                         

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