Ex Parte Charisius et al - Page 5

                Appeal 2006-2496                                                                                   
                Application 09/944,696                                                                             


                displaying all previous versions of a document, accompanied by a date and                          
                time the version was saved, Microsoft ® Word 2000 permits a user to                                
                display a frequency of change in edit history.  By examining the quantity of                       
                versions and the dates accompanying each version, the user can quickly                             
                determine the frequency and “visual distinctiveness” associated with the                           
                editing of the document.                                                                           
                       Regarding the second argument, the Examiner agrees with Appellants                          
                that a document generated by Microsoft ® Word 2000 is not a plan (Answer,                          
                14).  However, the Examiner asserts that Microsoft ® Word 2000 was relied                          
                upon only for its teaching of displaying a frequency of changes in an edit                         
                history, and that the primary reference to Boden teaches a plan (Answer, 14).                      
                We agree with the Examiner that Boden teaches a plan as claimed, and that                          
                one of ordinary skill in the art would have been motivated to combine the                          
                teachings of Microsoft ® Word 2000 with Boden to permit users to display                           
                one or more previous versions of a plan to determine which elements have                           
                changed.                                                                                           
                       Moreover, we see no reason why a document generated using                                   
                Microsoft ® Word 2000 could not be a plan or be used to animate a                                  
                workflow process of a plan, as asserted by Appellants (Br. 6).  A Word                             
                document containing text and/or graphics may be a plan itself, and may also                        
                display graphics suitable to simulate animation of an edit history.                                
                       Regarding the third argument, presented for the first time in the Reply                     
                Brief, Appellants argue that the term “function of frequency” requires a                           
                mathematical correspondence that assigns a value to a variable as a function                       
                of frequency (Reply Br. 1), and direct attention to ¶186 of the Specification                      

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