Appeal 2007-2128
Application 09/757,006
depicted in conjunction with window 120 in Figure 1, thus not “on” the
window. (Br. 3-4.)
The Examiner responds that the view/control element 210 shown in
Figure 2 of MS Win operates the same as the view/control element shown in
Figure 1 of MS Win, which is on window 120. (Answer 8.) Appellants do
not dispute the finding, which we consider to be consistent with the
evidence, but add new arguments. (See Reply Br. 1-2.) Appellants submit
in the Reply Brief that window 120 contains two “panes.” Appellants allege
that the rejection interprets the left “pane” as the “area” recited in claim 85.
According to Appellants, the rejection has not established that the “View”
menu on window 120 enables the user to select different views within the
left “pane.” Rather, in normal operation, the selections offered under the
“View” menu pertain to the icons displayed in the right “pane.” (Reply Br.
2.)
We do not find any reference to “panes” in the Examiner’s statement
of the rejection applied against claim 85. The claim recites at least one
window “that defines an area onto which a user can drag and drop one or
more files to be recorded on a removable storage medium, said files being
displayed within said area as icons.” The claim does not distinguish over all
of window 120 in Figure 1 of MS Win being considered an “area” as
claimed; moreover, the claimed window “defines” the area. In view of the
broad terms of the claim, it does not matter whether views or selections
occur in a right or a left “pane” within the window.
We have considered all of Appellants’ arguments in response to the
rejection of claim 85, but are not persuaded of error in the finding of
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