Ex Parte Cifra et al - Page 5

                Appeal 2007-1318                                                                             
                Application 09/726,779                                                                       
                                           FINDINGS OF FACT                                                  
                      The record supports the following findings of fact (FF) by a                           
                preponderance of the evidence.                                                               

                 1. Blowers describes a system and method for interactively developing a                     
                      graphical control-flow structure and associated application software                   
                      for use in a machine vision system without the user having to write                    
                      any code.  (Abstract; col. 1, ll. 21-25; col. 2, ll. 53-55.)  Application              
                      software is formed in response to user commands "without the user                      
                      writing any of the application software."  (Abstract.)  Rather than                    
                      writing code, Blowers teaches that the user "sets variables that the                   
                      machine vision tools require interactively."  (Col. 2, ll. 54-55.)                     

                 2. Blowers teaches that "[a] design engine or task sequencer engine 46 is                   
                      used to configure and test the flow and design of the application                      
                      software as illustrated by an exemplary task sequencer list of FIG. 6."                
                      (Col. 8, ll. 61-63; Fig. 3.)  "Graphical representations or icons are                  
                      selected from the tool boxes of FIG. 5 which correspond to desired                     
                      functional tasks and are linked into the tree structure of FIG. 6 by a                 
                      task sequencer interface 50 in the desired locations."  (Col. 8,                       
                      ll. 64-67; Figs. 5-6.)  Parameters, which control the way the function                 
                      generates results, can be configured for each task as shown in                         
                      Figures 7 and 8.  (Col. 9, ll. 7-10.)  "Once the desired sequence has                  
                      been created, it can be stored or saved in a condensed method within                   
                      an inspection sequence file 52 which is usable by the engine 46."                      
                      (Col. 9, ll. 13-15.)  Blowers also teaches that "[t]he engine 46 takes                 

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