Ex Parte Jakubiec - Page 5



            Appeal No. 2007-0340                                                                             
            Application 10/057,259                                                                           

                   Anticipation is a question of fact.  In re Schreiber, 128 F.3d 1473, 1477,                
            44 USPQ2d 1429, 1431 (Fed. Cir. 1997).  “To anticipate a claim, a prior art                      
            reference must disclose every limitation of the claimed invention, either explicitly             
            or inherently” (id.).                                                                            
                                               DISCUSSION                                                    
                   Eden discloses a system and method for building a graphical user interface                
            (GUI) in real-time for the purpose of indicating which known network-connected                   
            devices are available and which are unavailable.                                                 
                   As shown in Figure 3, querying device 102, which includes GUI 104 and                     
            timer 120, is responsive to commands from user interface 119 (referred to as 118                 
            at 2, para. 30) to issue status queries to the network-connected devices 106-116 (id.            
            at 2, para. 30).                                                                                 
                   Figure 6 illustrates Eden’s method, which begins at Step 600.  At Step 602,               
            the GUI is built and represents every known network-connected device as an icon                  
            or other representation (id. at 3, para. 44).  In Step 604, the GUI represents each              
            device as being in its disabled or unavailable state (id. at 3, para. 37), such as by            
            showing an X superimposed on the device icon that appears next to each device                    
            name (id. at 2, para. 32; Fig. 4).  In Step 606, the GUI spawns N threads in order to            
            ascertain the connection status of the devices.  Step 608 shows that all of the                  
            threads are executed in parallel.  In Step 610, the GUI modifies the display by                  
            removing the X from the icon of each device that has been determined to be                       
            available (id. at 3, para. 44).  Figure 5 shows the GUI display after it has been                
            determined that four of the six devices are available (id. at 2, para. 37).                      
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