Ex parte MATHENY et al.

Board of Patent Appeals and Interferences

Jul 29, 1998

07996775 (B.P.A.I. Jul. 29, 1998)

Application for patent filed December 20, 1992.1
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today
(1) was not written for publication in a law journal and
(2) is not binding precedent of the Board.
Paper No. 27
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte JOHN R. MATHENY, CHRISTOPHER WHITE,
DAVID R. ANDERSON AND ARN J. SCHAEFFER
_____________
Appeal No. 95-2882
Application 07/996,7751
______________
ON BRIEF
_______________
Before HAIRSTON, JERRY SMITH, and TORCZON, Administrative
Patent Judges.
HAIRSTON, Administrative Patent Judge.
Appeal No. 95-2882
Application No. 07/996,775
2
DECISION ON APPEAL
This is an appeal from the final rejection of claims 1
through 26.
The disclosed invention relates to a menu based system
and method that includes a command object associated with a
menu item for managing the processing of menu items.
Claims 1 and 14 are illustrative of the claimed
invention, and they read as follows:
1. A menu based system reflecting a plurality of menu item’s
current status in a consistent manner, comprising:
(a) memory means for encapsulating a command object with
status information and logic for determining at least one menu
item’s state;
(b) object processing means for creating at least one menu
item from a data structure in the command object;
(c) object processing means for initializing the at least one
menu item by updating the status information determinative of
at least one menu item’s state; and
(d) object processing means for determining a system’s status
and updating the at least one menu item’s status information
in the command object when the at least one menu item is
selected from a menu.
14. A method for enabling a menu based framework, including a
command object, reflecting a plurality of menu item’s current
status in a consistent manner, comprising the steps of:
Appeal No. 95-2882
Application No. 07/996,775
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(a) encapsulating status information and logic in the command
object for determining at least one menu item’s state;
(b) creating at least one menu item from a data structure in
the command object;
(c) initializing the at least one menu item by updating the
status information in the command object determinative of at
least one menu item’s state; and
(d) determining a system’s status and updating the at least
one menu item’s status information in the command object when
the at least one menu item is selected from a menu.

The references relied on by the examiner are:
Franz, Object-Oriented Programming Featuring Actor, Chapters
1, 2 and 19 through 22 (Glenview, ILL, Scott, Foresman and
Company, 1990).
Khoshafian et al. (Khoshafian), Intelligent Offices Object-
Oriented Multi-Media Information Management in Client/Server
Architectures, pp. 235-304 (New York, John Wiley & Sons, Inc.,
1992).
Claims 1 through 26 stand rejected under 35 U.S.C. § 103
as being unpatentable over Khoshafian in view of Franz.
Reference is made to the briefs and the answer for the
respective positions of the appellants and the examiner.
OPINION
The obviousness rejection of claims 1 through 26 is
reversed because we are not convinced by the examiner’s
reasoning (Answer, pages 3 through 18) that the claimed
Appeal No. 95-2882
Application No. 07/996,775
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invention is unpatentable over the object-oriented and menu-
based teachings of Khoshafian and Franz.
Appeal No. 95-2882
Application No. 07/996,775
5
Khoshafian discloses object-oriented systems (pages 238
and 239) in which “[t]he object representing the end user
information encapsulates the data as well as the procedure
required to modify it” (page 239). Khoshafian recognizes that
a menu bar displays a list of selectable commands (page 237),
and that items can be removed or appended to them to
dynamically create new menus (page 270).
Franz discloses object-oriented programming (page 3), and
the differences between an object-oriented language and a
procedural language (page 4). In object-oriented programming,
“a class’ methods completely enclose, or encapsulate, the data
of objects of the class for which they are defined” (page 9).
Of course, “menu-handling” is involved in object-oriented
programming (page 12). Franz discusses the “creation of menus
with one item each across the top of the menu bar” (page 284).
“If you want to create menus that have multiple choices for
each item, like Actor uses, you need to make a ‘pop-up menu’”
(page 284). In addition to menu creation, Franz teaches that
menu items can be enabled and disabled (pages 285 and 286),
and updated (pages 286 and 287).
Although Khoshafian and Franz disclose menu creation and
Appeal No. 95-2882
Application No. 07/996,775
Appellants argue (Brief, pages 43 through 46) that their2
means-plus-function claims should be interpreted in accordance
with In re Donaldson Co., 16 F.3d 1189, 29 USPQ2d 1845 (Fed.
Cir. 1994).
6
editing in an object-oriented programming environment (i.e.,
bits and pieces of the claimed invention), we agree with
appellants’ conclusion (Brief, page 46) that “[i]ndependent
claims 1 and 14 both recite an object-oriented menuing system2
including a command object with status information and logic
for creating a menu item and updating the menu item’s state in
response to the system status when the item is selected,” and
that “[t]he cited references do not teach or suggest the
claimed invention.” In summary, the obviousness rejection is
reversed.
Appeal No. 95-2882
Application No. 07/996,775
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DECISION
The decision of the examiner rejecting claims 1 through
26 under 35 U.S.C. § 103 is reversed.
REVERSED
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
JERRY SMITH ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
RICHARD TORCZON )
Administrative Patent Judge )
Appeal No. 95-2882
Application No. 07/996,775
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