Appeal 2007-1401
Application 09/882,094
(decode) which are stored in a table, and whose purpose is to maintain application
consistency by referencing text phrases through short codes (Findings of
Fact 21-23). As such, Underwood merely teaches a table of shorthand codes that
application developers can use to refer to text phrases to maintain application
consistency (Finding of Fact 24). There is nothing in Underwood that describes
these codes as status codes or that discusses that the codes indicate an active or
inactive status (Finding of Fact 25).
The Examiner provides further evidence of a teaching of status codes in
Underwood, citing to the passage in column 257 relating to Figures 104 and 107
(Answer 11). Figure 104 of Underwood depicts a “new” system investigation
report window (Finding of Fact 26). Figure 107 of Underwood depicts a report
selection screen (Finding of Fact 27).
The Examiner found,
The “new” or “not new” status codes assigned to the
items in Underwood may be read, respectively, as active
or inactive, because an item coded as “new” will be acted
on actively as a new matter, and one that is not, will be
inactively acted on as a new matter.
(Answer 11.) We disagree with the Examiner’s reading of Underwood. First, we
see nothing in Underwood that describes a “not new” status (Finding of Fact 28).
The Examiner is speculating at to its existence. The only status code shown or
described in Underwood is the “new” status code (Id.). Further, Underwood
contains no teaching that an item coded as “new” will be acted on “actively” and
one that is not will be acted on “inactively” as asserted by the Examiner (Finding
of Fact 29). As such, the combination of Huang and Underwood would not have
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