Ex Parte Barker et al - Page 6

                 Appeal 2007-0475                                                                                      
                 Application 10/047,312                                                                                
                        With respect to the rejection of claim 5, Appellants argue that                                
                 Agnihotri, at column 7, lines 3 through 8, simply teaches use of a module                             
                 that translates console instructions from one console to another.  (Appeal Br.                        
                 13-14.)  We agree with the Examiner (Answer 4-5 and 15-16) that the COM                               
                 objects described by the reference represent executable files that are                                
                 “adapted to interface with the management console corresponding to the                                
                 console identifier” within the meaning of claim 5.  Further, the Examiner                             
                 provides a reasonable explanation with respect to how the objects are                                 
                 generated and compiled consistent with the requirements of the claim.  We                             
                 are not persuaded of error in the rejection of claim 5.  We sustain the                               
                 rejection.  Claims 12 and 19 fall with claim 5.                                                       
                        We sustain the rejection of claims 6, 7, 13, 14, 20, and 21.                                   
                 Appellants’ arguments in support of the claims are based on display panel                             
                 files that are separate and apart from plug-in code files.  As we have                                
                 indicated in relation to the rejection of claim 4, Appellants have offered a                          
                 conclusory reading of Agnihotri that is contrary to the Examiner’s findings.                          
                 The reference, however, provides substantial support for the Examiner’s                               
                 position.  Appellants’ arguments have not demonstrated that the Examiner’s                            
                 alternative reading of the reference lacks adequate foundation.  Absent                               
                 evidence or convincing argument to the contrary, we conclude that the                                 
                 artisan would have understood that the “image file for graphical                                      
                 representation” of an applet to be installed (Agnihotri col. 5, ll. 1-18) falls                       
                 within the meaning of a display panel file as claimed.  The reference seems                           
                 to be clear in describing a file for graphical representation of the particular                       
                 applet on a selected console, such that a user can select the applet after                            
                 installation to the particular console.  See, e.g., Agnihotri col. 16, ll. 1-7                        

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