Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 87

Declaration of Patrick Zhang in Support of #86 MOTION for Preliminary Injunction filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52)(Related document(s) #86 ) (Bartlett, Jason) (Filed on 7/1/2011)

Exhibit 41

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
NOKIA CORPORATION,
Plaintiff,
v.
APPLE INC.,
Defendant.

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C.A. No. 09-791 (GMS)
APPLE INC.,
Counterclaim Plaintiff,
v.
NOKIA CORPORATION and NOKIA INC.,
Counterclaim Defendants.

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NOKIA'S SUPPLEMENTAL RESPONSE TO APPLE'S INTERROGATORY NO. 12

Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and the Local Rules
of this Court, Plaintiff and Counterclaim-Defendant Nokia Corporation and CounterclaimDefendant Nokia Inc. (collectively referred to as "Nokia") hereby provide its supplemental
response to Defendant and Counterclaim-Plaintiff Apple Inc.'s ("Apple's") Interrogatory No. 12
to Nokia.
Nokia hereby incorporates by reference its Responses and Objections to Apple's Second
Set oflnterrogatories, served on July 22,2010.
The information set forth in this Supplemental Response is information available to
Nokia as of the date of this Response; however, discovery is ongoing and Nokia may discover or
develop additional materials or responses as this matter progresses.

SPECIFIC OBJECTIONS
INTERROGATORY NO. 12:

To the extent Nokia contends that any claim of the Apple Patents-In-Suit is invalid under
35 U.S.C. §§ 101, 102, 103, and/or 112, then, separately for each such claim, state the basis for
any such invalidity contention, including in your answer:
(a)
The identity of each item of prior art that allegedly anticipates each asserted claim
or renders it obvious. Each prior art patent shall be identified by its number, country of origin,
and date of issue. Each prior art publication shall be identified by its title, date of publication,
and, where feasible, author and publisher. Public knowledge or use that is prior art under
35 U.S.C. § 102(a) shall be identified by describing the knowledge or use in detail, including the
date(s) of the public knowledge or use, the identity of each person or entity having the public
knowledge or involved in the public use, and the place(s) at which the public knowledge or use
took place. Prior art under 35 U.S.C. § 102(b) shall be identified by specifying the product
offered for sale or describing the public use and product involved therein, the date the offer or
use took place, and the identity of each person or entity involved in the use or that made or
received the offer, and each person or entity to whom the use was known. Prior art under
35 U.S.C. § 102(t) shall be identified by providing the identities of the person(s) or entities
involved in and the circumstances surrounding the making of the invention before the patent
applicant(s).
(b)
Whether each item of prior art anticipates each asserted claim or renders it
obvious. If obviousness is alleged, an explanation of why the prior art renders the asserted claim
obvious, including any identification of all combinations of prior art showing obviousness.
(c)
A chart identifying where specifically in each alleged item of prior art each
limitation of each asserted claim is found, including for each limitation that such party contends
is governed by 35 U.S.C. § 112(6), the identity of the structure(s), act(s) or material(s) in each
item of prior art that performs the claimed function.
(d)
A detailed description of the claim construction used by Nokia to compare any
prior art to a claim, including the identification of any intrinsic and/or extrinsic evidence
supporting Nokia's claim construction.
(e)

Nokia's contention concerning the applicable level of ordinary skill in the art.

(t)
Nokia's contention as to whether the validity of the claim is affected by any
secondary considerations of non-obviousness, including without limitation, considerations of
commercial success, long felt need, failures of others, copying, licensing, and skepticism of the
patented invention, and further identify the basis for any such secondary considerations.
(g)
Any grounds of invalidity based on 35 U.S.C. § 101, indefiniteness under
35 U.S.C. §112(2) or enablement or written description under 35 U.S.C. § 112(1) of any of the
asserted claims.

-2-

(h)
contentions.

The identity of all persons with knowledge concerning the basis for each of your

(i)
The identification of all documents that relate to, support, or detract from the
basis for each of your contentions.
SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 12:

Nokia hereby incorporates its Reservation of Rights, General Objections and its
Objections to Apple's Definitions and Instructions as set forth in Nokia's July 22, 2010
Response to Apple's Second Set of Interrogatories. Nokia objects to this Interrogatory to the
extent it seeks information that is protected by the attorney-client privilege, the attorney workproduct doctrine, the joint defense privilege, the common interest privilege, and/or any other
applicable doctrine of privilege or immunity. Nokia further objects to this Interrogatory as
overly broad and unduly burdensome to the extent it purports to require an identification of any
person with relevant knowledge without limiting it to persons most knowledgeable about
specifically identified topics or anticipated witnesses. Nokia further objects to this Interrogatory
as premature to the extent it seeks information that is appropriately the subject of expert opinion
and testimony before Nokia is required to identify and provide such in accordance with the
Scheduling Order issued in this litigation. Nokia further objects to this Interrogatory on the
grounds that it calls for legal contentions and conclusions.

Nokia further objects to this

Interrogatory on the ground that the phrase "person or entity involved in the use" is vague and
indefinite. Pursuant to Local Rule 26.1(a), Nokia asserts that this Interrogatory constitutes at
least 4 sUbparts. Nokia is only obligated to respond to the first 50 Interrogatories (including
subparts) served by Apple (see D.1. 33 at 11).
Subject to and without waiving Nokia's General and Specific Objections to this
Interrogatory, Nokia responds that it has not yet completed its investigation into the validity of
the claims of the Apple Patents-in-Suit, but that such claims are invalid for failing to satisfy one

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or more of the conditions for patentability set forth in 35 U.S.C. §§ 101, 102, 103 and 112.
Nokia may rely on testimony of expert witnesses knowledgeable regarding the invalidity of the
asserted claims of the Apple Patents-in-Suit and will disclose the identity of such expert
witnesses at such time as required by the applicable rules of the Court and the Scheduling Order.
Nokia also states that claims of the Apple Patents-in-Suit are invalid pursuant to 35
U.S.C. §§ 102 and/or 103 for at least the reasons stated in the Requests for Reexamination
attached hereto as Exhibits A through I.

These documents provide detailed information

regarding the invalidity of the Apple Patents-in-Suit, but are not exhaustive.
Moreover, Nokia has discovered numerous prior art references which are pertinent to the
claims of the Apple Patents-in-Suit. Nokia has attached a list of these references as Exhibit J to
this Supplemental Response. Nokia reserves the right to provide additional contentions based on
the references listed in Exhibit J or other references not yet identified.
To the extent the references cited in the attached Exhibits do not anticipate certain claims
of the Apple Patents-in-Suit under 35 U.S.C. § 102, Nokia further reserves the right to rely on
expert testimony to: (1) establish a motivation to combine prior art references, to the extent such
motivation is still necessary in light of KSR Int'l Co. v. Telejlex, Inc., 127 S. Ct. 1727 (April 30,
2007), and (2) to establish that the purported invention described in the claims are nothing more
than predictable variations of the prior art, and that it would have been obvious to one of
ordinary skill in the art, through common sense and creativity, to combine the cited and other
references.
In compiling the information in the attached Exhibits, Nokia afforded the claims of the
Apple Patents-in-Suit the broadest reasonable interpretation to which they are entitled. Nothing
contained in this response or in the attached Exhibits A through J is intended to reflect any

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position regarding the proper construction of any claim term in any claim. Nokia reserves the
right to amend its response in light of any claim construction order entered in this litigation.
Nokia is conducting an ongoing reasonable search and investigation for information
responsive to this Interrogatory. Nokia may supplement, from time to time, its Response to this
Interrogatory to the extent responsive, non-privileged information is identified.

Nokia

specifically notes that discovery is ongoing, that Apple's document production is not complete,
and that no technical depositions, including named inventor or prosecuting attorney depositions,
have taken place. In addition, Nokia's investigation is not complete, the parties have not
submitted expert reports, and the claims of the asserted patents have not been construed as a
matter of law. Nokia reserves the right to supplement its response to this interrogatory to reflect
additional information learned in discovery, including documents and information produced by
Apple in response to Nokia's discovery requests relating to prior art Apple systems. Nokia also
reserves the right to supplement with information obtained as part of its ongoing investigation of
Apple's infringement allegations.
MORRIS, NICHOLS, ARSHT & TUNNELL LLP
OF COUNSEL:
Patrick J. Flinn
Peter Kontio
John D. Haynes
Mark A. McCarty
Adam J. Biegel
ALSTON & BIRD LLP
One Atlantic Center
120 1 West Peachtree Street
Atlanta, GA 30309
[phone]

a B. Blumenfel (#1014)
Rodger D. Smith II (#3778)
1201 North Market Street
P.O. Box 1347
Wilmington, DE 19899
[phone]
[e-mail]
[e-mail]
Attorneys for Nokia Corporation and
Nokia Inc.

November 15,2010
3903056

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CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing were caused to be served on
November 15,2010 upon the following in the manner indicated:
Richard L. Horwitz, Esquire
David E. Moore, Esquire

VIA ELECTRONIC MAIL

POTTER ANDERSON & CORROON LLP

Hercules Plaza - 6th Floor
1313 North Market Street
Wilmington, DE 19801
William F. Lee, Esquire
Mark D. Selwyn, Esquire

VIA ELECTRONIC MAIL

WILMERHALE

60 State Street
Boston, MA 02109
Kenneth H. Bridges, Esquire
Michael T. Pieja, Esquire
Brian C. Kwok, Esquire
BRIDGES & MAVRAKAKIS LLP

540 Cowper Street
Palo Alto, CA 94301

VIA ELECTRONIC MAIL

EXHIBIT F

EXHIBIT I

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re Application of:
U.S. Patent No.:
Issued:
Group Art Unit:
Serial No:
Examiner:
Filed:
For:

Ulrich et al.
6,239,795
May 29, 2001
2671
09/320,947
Phu K. Nguyen
May 26, 1999
PATTERN AND COLOR ABSTRACTION IN A
GRAPHICAL USER INTERFACE
Attorney Docket No.
0919/01031
April 28, 2010
Mail Stop Ex Parte Reexamination
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Sir:
REQUEST FOR REEXAMINATION
Reexamination of United States Patent 6,239,795 (hereinafter, “the ’795 patent”),
which issued May 29, 2001 to Ulrich et al. is requested under 35 U.S.C. §§ 302-307, and
under 37 C.F.R. § 1.510. This patent is still in force.1 A copy of the patent in accordance
with 37 C.F.R. § 1.510(b)(4) is submitted herewith as Exhibit A.
I.

Claims for which Reexamination is Requested
The ’795 patent is for a system and method for providing a user with increased

flexibility and control over the appearance and behavior of objects on the user interface.
Abstract. The patent discloses that sets of objects can be grouped into themes to provide
a user with a distinct overall impression of the interface. Id. In particular, the ’795
patent states that themes are “coordinated designs of interface objects and object parts

1

Indeed, a lawsuit for alleged infringement of the ’795 patent has been filed in the U.S. District Court for
the District of Delaware, Nokia Corp. v. Apple, Inc., Case No. 1:09-cv-00791-GMS. That litigation is in its
early stages and no discovery regarding the ’795 patent has taken place. If the litigation proceeds, Third
Party Requester expects there will be a challenge to the validity of the ’795 patent therein.

that create a distinct visual appearance on the display,” Col. 5, lines 60-62, and that
objects include window objects, icons, menus, lists, control elements, cursors, menu
bars, etc., see Col. 4, lines 27-34.
According to the ’795 patent, themes can be switched dynamically by switching
pointers to drawing procedures or switching data being applied to these procedures. Id.
Additionally, the ’795 patent states that to “buffer applications from the switchable
nature of graphical user interfaces, colors and patterns used to implement the interface
objects are abstracted from the interface by, for example, pattern look-up tables.” Id.
For purposes of the ’795 patent, the term “pattern”
is intended to denote any type of graphic data that can be used in a pattern
look-up table to draw in a graphics port. As such, this may be a solid
color defined in terms of its red, green and blue (RGB) components, or a
pattern defined on a pixel-by-pixel basis, e.g. a PixPat, or a new type of
data.
Col. 10, lines 1-7.
A user can implement a theme change through the use of a control panel such as
that depicted below:

-2-

Reexamination is requested of Claims 1-12 of the ’795 patent.
II.

Statement of Substantial New Questions of Patentability

A.

The Subject Matter of Claim 1-12
Claims 1-12 recite:

1. A computer readable medium comprising:
a first portion having stored therein data relating to a first set of graphical user
interface objects whose individual appearances are collectively associated with a first
common theme;
a second portion having stored therein data relating to a second set of graphical user
interface objects each of which have the same function as an associated interface
object in said first set, but whose individual appearances are collectively associated
with a second common theme; and
a third portion having stored therein computer executable code wherein, upon
execution of instructions embedded in said code by a computer, a user interface

-3-

associated with the computer selectively displays one of said first and second sets of
graphical user interface objects.

2. The computer readable medium of claim 1, wherein said executable code further
comprises instructions for enabling the user interface to switch from displaying one
set of interface objects to another set of interface objects.

3. The computer readable medium of claim 1, wherein said sets of user interface objects
include data related to patterns and colors used to create interface objects.

4. The computer readable medium of claim 3, wherein said data is contained within
indexed entries of a pattern look-up table.

5. A computer readable medium encoded with a drawing resource that can be used to
draw an object on a user interface, said layout resource comprising a plurality of
data structures comprising:
a first set of graphical interface objects whose individual appearances are associated
with a first common theme; and
a second set of graphical user interface objects each of which have the same function
as an associated interface object in said first set, but whose individual appearances
are associated with a second common theme.

-4-

6. The computer readable medium of claim 5, wherein said sets of user interface objects
include data related to patterns and colors used to create interface objects.

7. The computer readable medium of claim 6 further comprising executable code for
instructing said drawing resource to draw the interface object according to one of
said themes.

8. The computer readable medium of claim 7, where in said code instructs said drawing
resource to switch the display from one of said themes to another of said themes.

9. A computer system comprising:
a storage means for storing data relating to first and second sets of graphical user
interface objects;
a user interface for selectively displaying one of said sets of graphical user interface
objects; and
a control means for switching the display from one set of graphical interface objects
to another set of graphical interface objects,
wherein individual appearances of the first set of graphical interface objects are
collectively associated with a first common theme and each of the second set of
graphical interface objects having the same function as an associated interface object
in said first set, but whose individual appearances are collectively associated with a
second common theme.

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10. The computer system of claim 9, wherein said sets of user interface objects include
data related to patterns and colors used to create interface objects.

11. The computer system of claim 10, wherein said storage means further stores a pattern
look-up table with indexed entries containing data related to patterns and colors used
to create the interface objects.

12. A computer system comprising:
a storage means for storing data relating to first and second sets of graphical user
interface objects;
a graphical user interface for selectively displaying one of said sets of graphical user
interface objects; and
a selection means for switching the display from one set of interface objects to
another set of interface objects, whereby the user interface displays interface objects
using one of the sets of graphical user interface objects, said selection means
including:
a control layer having a pattern look-up table with indexed entries containing data
related to patterns and colors used to create interface objects; and
a command means for commanding the control layer to draw a pattern on the
interface referring to at least one of the indexed entries in the pattern look-up table,
wherein individual appearances of the first set of graphical interface objects are
collectively associated with a first common theme and each of the second set of
graphical interface objects having the same function as an associated interface object

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in said first set, but whose individual appearances are collectively associated with a
second common theme.
In reexamination, as with any proceeding before the U.S. Patent and Trademark
Office (“USPTO”), the terms and phrases of a claim are given their broadest reasonable
construction. E.g., In re American Academy of Science Tech Center, 367 F.3d 1359, 70
USPQ2d 1827, 1830 (Fed. Cir. 2004) (“During examination, ‘claims ... are to be given
their broadest reasonable interpretation . . ..” (quoting In re Bond, 910 F.2d 831, 833, 15
USPQ2d 1566 (Fed. Cir. 1990))).
B.

Newly cited Prior Art
The ’795 patent matured from U.S. Application No. 09/320,947 (“the ’947

application”) filed May 26, 1999. The ’947 application is a continuation of U.S.
Application No. 08/797,451 (now U.S. Patent No. 5,963,206) filed on February 7, 1999,
which application is a continuation-in-part of U.S. Application No 08/242,963 (now
abandoned), filed on May 16, 1994. Therefore, the “Critical Date” for prior art relevant
to the claims of the ’795 patent, under 35 U.S.C. § 102(b) is May 16, 1993.
The requester respectfully submits that the prior art under § 102(b) taught or
suggested the subject matter of Claims 1-12 of the ’795 patent. More particularly, the
Requester submits that
 Jim Boyce, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM MICROSOFT
WINDOWS (1991) (hereinafter “Boyce”) (Exhibit B)

anticipated the subject matter of Claims 1-12 of the ’795 patent, particularly considering
the meaning in the art of terms therein as shown in
 Microsoft

Press, COMPUTER DICTIONARY, p. 256-57 (hereinafter “the Microsoft
Dictionary”) (Exhibit C).
-7-

Furthermore, the Requester notes that neither Boyce nor the Microsoft Dictionary
were listed on the face of the ’795 patent, and both provide new subject matter. In that
regard, Requester notes that no Windows documents were cited during prosecution of the
’947 application. Consequently, Boyce and the Microsoft Dictionary are newly applied
and unquestionably raise new questions of patentability as described below.
C.

Basis for Substantial New Questions of Patentability
Boyce discloses that Windows 3 provides a user the ability, through the use of a

control panel such as those shown in Figures 9.2 and 9.3, to switch between a first color
scheme or theme (e.g., the Monochrome color scheme shown in Figures 9.2 and 9.3) and
a second color scheme or theme (e.g., the Ocean color scheme discussed on page 205).
See pp. 204-205. As set forth in detail below, Claims 1-12 of the ’795 patent are not
patentably distinguishable over Boyce and the discussion presented therein regarding
changing desktop colors and patterns, particularly in view of the meaning of the term
“palette” as used therein to persons of skill in the art, as set forth by the Microsoft
Dictionary. Thus, Boyce and the Microsoft Dictionary raise new questions of
patentability.
D.

Application of Boyce to Claims 1-12
1.

Content of the Prior Art
(a)

Boyce

Boyce is a published manual that provides instructions to individuals interested in
learning about and utilizing all of the features present in Microsoft’s Windows 3. In
particular, Boyce provides a detailed discussion regarding how to change the appearance

-8-

of the user’s computer desktop, including easy switching between color schemes
affecting multiple desktop window components (objects). To wit:
One of the most common uses for the Control Panel is to change the colors
assigned to various parts of the desktop. Using the Color icon in the
Control Panel, you can select colors for individual screen components or
new color schemes for the entire desktop. Control Panel does this by
changing settings in the [colors] section of WIN.INI. There are 13 color
settings that the Control Panel can change, as listed in Table 9.1.
Every color setting in the [colors] section of WIN.INI has the same format
– the setting name, followed by entries for the red, green and blue
components of the final display color.
ColorSettingName=Red Green Blue

The following example makes the color button text bright yellow by
mixing equal amounts of red and green (255 each) and omitting any blue
(0):
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ButtonText=255 255 0
A complete discussion of how Windows works with colors is found in
later sections of this chapter.
Using Color Schemes
When you choose the Color icon in the Control Panel, the Color dialog
box appears (see Figure 9.2). The first dialog box lists the existing color
schemes in CONTROL.INI. You can choose from one of the predefined
color schemes by selecting a color scheme from the drop-down list and
then choosing OK. The predefined settings in CONTROL.INI for the
chosen color scheme are then applied to the desktop window components.
The changes are immediate and can be seen in the sample image in the
dialog box.

If you want to change individual components of the desktop, choose the
Color Palette >> button. This button expands the Color dialog box to
include the Screen Element, Basic Colors, and Custom Colors sections of
the color palette editor (see Figure 9.3).
Using the Screen Element drop-down list, you can access the 13 window
components listed in the CONTORL.INI file (see Table 9.1). To change a
specific component, highlight the window component you want to change
from the drop-down list. When you do, it is placed in the Screen Element
box, and any color selection you make is assigned to the chosen
component. The change is immediate and can be seen in the Color
Schemes section of the dialog box, which provides a preview of how the
final display will look.

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Some of the window components can display as pure colors or dithered
colors (a mixture of pure colors). Other window components are limited
to the pure color set supported by your computer’s video card and video
driver. You can assign a dithered color to the desktop (the Background=
setting in WIN.INI), for example, but the window background (the
Window= setting in WIN.INI) is limited to only pure colors. If your
computer’s adapter and driver only display 16 colors, and you select one
of the predefined colors from the Basic Color section, the window
background may be a different color from the one you selected.
The following exercise changes some of the window components. It starts
with one of the predefined schemes, then changes a few of the individual
components. To change some window components, follow these steps:
1.
2.
3.
4.
5.
6.

Activate the Main program group.
Choose the Control Panel icon.
Choose the Color icon.
Choose the Color Schemes drop-down list.
Scroll down to the Ocean color scheme.
Choose the Ocean color scheme.
The pattern is previewed in the sample.
7. Select OK.
The change is made to the desktop.

This changes your color scheme into a predefined pattern.
Pp. 202-05.
Requester notes that term “palette” as used in Boyce has a particular meaning
within the computer art. Specifically, the term “palette” means:
[a] subset of the color look-up table that establishes the colors that can be
displayed on the screen at a particular time. The number of colors in a
palette is determined by the number of bits used to represent a pixel. For
example, a pixel represented by 4 bits can have one of 16 colors.
- 11 -

Likewise, the number of bits used to represent a pixel determines the size
of the palette. Using the same example, a 4-bit pixel would allow a palette
size with 16 entries.
Microsoft Press, Computer Dictionary, p. 256-57 (hereinafter “the Microsoft Dictionary”)
(Exhibit C).
In sum, Boyce discloses that Windows 3 provides a user the ability, through the
use of a control panel such as those shown in Figures 9.2 and 9.3, to switch between a
first color scheme or theme (e.g., the Monochrome color scheme shown in Figures 9.2
and 9.3) and a second color scheme or theme (e.g., the Ocean color scheme discussed on
page 205). See pp. 204-205. Switching from one color scheme to another will switch
various aspects of components of the desktop appearance, including: the color and/or
pattern of the desktop, inactive window borders and titles, active window borders and
titles, the color of background and text in menus, the color and/or pattern of all window
frames and the color and/or pattern of horizontal and vertical scrollbars. See Table 9.1, p.
203; Figure 9.3, p. 205. These components include multiple “desktop objects” as that
term is defined in the specification of the ’795 patent. (Col. 4, ln. 27-34).
(b)

Microsoft Dictionary

The Microsoft Dictionary defines the term “palette” as follows:
[a] subset of the color look-up table that establishes the colors that can be
displayed on the screen at a particular time. The number of colors in a
palette is determined by the number of bits used to represent a pixel. For
example, a pixel represented by 4 bits can have one of 16 colors.
Likewise, the number of bits used to represent a pixel determines the size
of the palette. Using the same example, a 4-bit pixel would allow a palette
size with 16 entries.
Exhibit C, pp. 256-57.

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2.

Grounds for Rejection
(a)

First Ground for Rejection: Claims 1-12 are Anticipated by

Boyce2
By comparing the content of Boyce to Claim 1-12 of the ’795 patent, it will be
apparent to one of ordinary skill in the art that Boyce anticipated the claimed subject
matter.
Claim of the
’795 Patent
1. A
computer
readable
medium
comprising:

a first
portion
having
stored
therein data
relating to a
first set of
graphical

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
Boyce describes distribution of Windows 3 including Control Panel functions
that alter desktop appearance by way of floppy disks, a computer readable
medium:
“To install Windows, follow these steps:
1. Insert Windows distribution diskette #1 in the floppy disk drive.
2. Make the drive current.
3. Type SETUP and press Return.
4. When prompted by Setup, type the drive and directory in which to install
Windows.
5. Setup displays the hardware selection screen.
The hardware is usually selected properly, but you should verify each entry to
make sure.
6. Setup begins installing the Windows files.
7. Setup prompts you with options for changing the AUTOEXEC.BAT and
CONFIG.SYS files.
You can choose to let Setup make the changes, review the changes before they
are made, or save the intended changes to temporary files (which you can later
edit and copy to the AUTOEXEC.BAT and CONFIG.SYS files).
8. When Setup completes the installation process, it gives you the option to
reboot the system. You should do so, in order to incorporate any changes that
were made in the AUTOEXEC.BAT and CONFIG.SYS files.
Setup copies all necessary Windows files to the hard disk in the directory you
specified. They include application files, help files, device drivers, font files,
and other files Windows needs to run on your computer.”
P. 609.
Boyce describes Windows 3 software including a first color scheme or theme
(e.g., the Monochrome color scheme shown in Figures 9.2 and 9.3) which stores
data relating to appearance attributes of a set of graphical user interface objects
collectively associated with that color scheme:
“When you choose the Color icon in the Control Panel, the Color dialog box
appears (see Figure 9.2). The first dialog box lists existing color schemes in
CONTROL.INI. You can choose from one of the predefined color schemes by

2

Comments

According to the
’795 patent: “As
used herein, the
terms ‘theme’ and
‘themes’ refer to
coordinated designs
of interface objects
and object parts that

In the claim chart below, for Claims 4, 11 and 12, reference is made to the Microsoft Dictionary for the
meaning of the term “palette.” The use of multiple references for an anticipation rejection is proper where,
as here, the secondary reference is being used to explain the meaning of a term used in the primary
reference. MPEP § 2131.01 and In re Baxter Travenol Labs., 952 F.2d 388 (Fed. Cir. 1991).

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Claim of the
’795 Patent
user
interface
objects
whose
individual
appearances
are
collectively
associated
with a first
common
theme;

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
selecting a color scheme from the drop-down list and then choosing OK. The
predefined settings in CONTROL.INI for the chosen color scheme are then
applied to the desktop window components. These changes are immediate and
can be seen in the sample image in the dialog box.

If you want to change individual components of the desktop, choose the Color
Palette >> button. This button expands the Color dialog box to include the
Screen Element, Basic Colors, and Custom Colors sections of the color palette
editor (see Figure 9.3).
Using the Screen Element drop-down list, you can access the 13 window
components listed in the CONTROL.INI file (see Table 9.1). To change a
specific component, highlight the window component you want to change from
the drop-down list. When you do, it is placed in the Screen Element box, and
any color selection you make is assigned to the color component. The change is
immediate and can be seen in the Color Schemes section of the dialog box,
which provides a preview of how the final display will look.

Pp. 204-205.

- 14 -

Comments
create a distinct
visual appearance
on the display.”
’795 Patent, Col. 5,
lines 60-62.
Additionally, the
’795 patents states:
“Further, while
window objects are
used to illustrate
how exemplary
embodiments of the
present invention
affect the
appearance and
behavior of desktop
objects in general,
those skilled in the
art will recognize
that the present
invention can be
used to control the
appearance and
behavior of any
desktop object
including, for
example, icons,
menus, lists, control
elements, cursors,
menu bars, etc.”
’795 Patent, Col. 4,
lines 27-34.

Claim of the
’795 Patent

a second
portion
having
stored
therein data
relating to a
second set of
graphical
user
interface
objects each
of which
have the
same
function as
an associated
interface
object in said
first set, but
whose
individual
appearances
are
collectively
associated
with a
second

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)

P. 203.
Boyce describes Windows 3 software including a second color scheme or theme
(e.g., the Ocean color scheme) which stores data relating to attributes of a set of
graphical user interface components or objects collectively associated with that
color scheme. Each of the objects in the Ocean color scheme has the same
function as that object in the Monochrome color scheme. (pp. 203-205)
“Using Color Schemes
When you choose the Color icon in the Control Panel, the Color dialog box
appears (see Figure 9.2). The first dialog box lists the existing color schemes in
CONTROL.INI. You can choose from one of the predefined color schemes by
selecting a color scheme from the drop-down list and then choosing OK. The
predefined settings in CONTROL.INI for the chosen color scheme are then
applied to the desktop window components. The changes are immediate and
can be seen in the sample image in the dialog box.
...
4. Choose the Color Schemes drop-down list.
5. Scroll down to the Ocean color scheme.
6. Choose the Ocean color scheme. The pattern is previewed in the sample.”
(pp. 202-205)

- 15 -

Comments

Claim of the
’795 Patent
common
theme; and
a third
portion
having
stored
therein
computer
executable
code
wherein,
upon
execution of
instructions
embedded in
said code by
a computer,
a user
interface
associated
with the
computer
selectively
displays one
of said first
and second
sets of
graphical
user
interface
objects.
2. The
computer
readable
medium of
claim 1,
wherein said
executable
code further
comprises
instructions
for enabling
the user
interface to
switch from
displaying
one set of
interface
objects to
another set
of interface
objects.

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)

Boyce describes Windows 3 software including Control Panel code for
displaying a selected color scheme.
“The following exercise changes some of the window components. It starts with
one of the predefined schemes, then changes a few of the individual
components. To change some window components, follow these steps:
1. Activate the Main program group.
2. Choose the Control Panel icon.
3. Choose the Color icon.
4. Choose the Color Schemes drop-down list.
5. Scroll down to the Ocean color scheme.
6. Choose the Ocean color scheme.
The pattern is previewed in the sample.
7. Select OK
The change is made to the desktop.
This changes your color scheme into a predefined pattern.”
(p. 205).

Boyce describes Windows 3 software including Control Panel code for
switching between color schemes.
“The following exercise changes some of the window components. It starts with
one of the predefined schemes, then changes a few of the individual
components. To change some window components, follow these steps:
1. Activate the Main program group.
2. Choose the Control Panel icon.
3. Choose the Color icon.
4. Choose the Color Schemes drop-down list.
5. Scroll down to the Ocean color scheme.
6. Choose the Ocean color scheme.
The pattern is previewed in the sample.
7. Select OK
The change is made to the desktop.
This changes your color scheme into a predefined pattern.”
(P. 205).

- 16 -

Comments

Claim of the
’795 Patent
3. The
computer
readable
medium of
claim 1,
wherein said
sets of user
interface
objects
include data
related to
patterns and
colors used
to create
interface
objects.

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
Boyce describes Windows 3 software including Control Panel code for
displaying a color palette used to select colors for interface objects.
“Using the Screen Element drop-down list, you can access the 13 window
components listed in the CONTROL.INI file (see Table 9.1). To change a
specific component, highlight the window component you want to change from
the drop-down list. When you do, it is placed in the Screen Element box, and
any color selection you make is assigned to the color component. The change is
immediate and can be seen in the Color Schemes section of the dialog box,
which provides a preview of how the final display will look.

Comments
Note that the Basic
Colors in Figure 9.3
include patterns and
colors.

Pp. 204-205.
4. The
computer
readable
medium of
claim 3,
wherein said
data is
contained
within
indexed
entries of a
pattern lookup table.

Boyce describes Windows 3 software including a look-up table containing
indexed entries representing color scheme data.
“When you choose the Color icon in the Control Panel, the Color dialog box
appears (see Figure 9.2). The first dialog box lists existing color schemes in
CONTROL.INI. You can choose from one of the predefined color schemes by
selecting a color scheme from the drop-down list and then choosing OK. The
predefined settings in CONTROL.INI for the chosen color scheme are then
applied to the desktop window components. These changes are immediate and
can be seen in the sample image in the dialog box.

If you want to change individual components of the desktop, choose the Color
Palette >> button. This button expands the Color dialog box to include the
Screen Element, Basic Colors, and Custom Colors sections of the color palette

- 17 -

The term “Palette”
means: “A subset of
the color look-up
table that
establishes the
colors that can be
displayed on the
screen at a
particular time.
The number of
colors in a palette is
determined by the
number of bits used
to represent a pixel.
For example, a
pixel represented by
4 bits can have one
of 16 colors.
Likewise, the
number of bits used
to represent a pixel
determines the size
of the palette.
Using the same
example, a 4-bit
pixel would allow a
palette size with 16
entries.” Computer
Dictionary,

Claim of the
’795 Patent

5. A
computer
readable
medium
encoded with
a drawing
resource that
can be used
to draw an
object on a
user
interface,
said layout
resource
comprising a
plurality of
data
structures
comprising:

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
editor (see Figure 9.3).” P. 204.

Boyce describes distribution of Windows 3 including Control Panel functions
that alter desktop appearance by way of floppy disks, a computer readable
medium. The software includes a resource for selecting colors for desktop
components.
“To install Windows, follow these steps:
1. Insert Windows distribution diskette #1 in the floppy disk drive.
2. Make the drive current.
3. Type SETUP and press Return.
4. When prompted by Setup, type the drive and directory in which to install
Windows.
5. Setup displays the hardware selection screen.
The hardware is usually selected properly, but you should verify each entry to
make sure.
6. Setup begins installing the Windows files.
7. Setup prompts you with options for changing the AUTOEXEC.BAT and
CONFIG.SYS files.
You can choose to let Setup make the changes, review the changes before they
are made, or save the intended changes to temporary files (which you can later
edit and copy to the AUTOEXEC.BAT and CONFIG.SYS files).
8. When Setup completes the installation process, it gives you the option to
reboot the system. You should do so, in order to incorporate any changes that
were made in the AUTOEXEC.BAT and CONFIG.SYS files.
Setup copies all necessary Windows files to the hard disk in the directory you
specified. They include application files, help files, device drivers, font files,
and other files Windows needs to run on your computer.”
(P. 609).
“One of the most common uses for the Control Panel is to change the colors
assigned to various parts of the desktop. Using the Color icon in the Control
Panel, you can select colors for individual screen components or new color
schemes for the entire desktop. Control Panel does this by changing settings in
the [colors] section of WIN.INI. There are 13 color settings that the Control
Panel can change, as listed in Table 9.1.”
(P. 202).

- 18 -

Comments
Microsoft Press, pp.
256-57 (1991).

Claim of the
’795 Patent

a first set of
graphical
interface
objects
whose
individual
appearances
are
associated
with a first
common
theme; and

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)

(P. 203).
Boyce describes Windows 3 software including a first color scheme or theme
(e.g., the Monochrome color scheme shown in Figures 9.2 and 9.3) which stores
data relating to appearance attributes of a set of graphical user interface objects
collectively associated with that color scheme:
“When you choose the Color icon in the Control Panel, the Color dialog box
appears (see Figure 9.2). The first dialog box lists existing color schemes in
CONTROL.INI. You can choose from one of the predefined color schemes by
selecting a color scheme from the drop-down list and then choosing OK. The
predefined settings in CONTROL.INI for the chosen color scheme are then
applied to the desktop window components. These changes are immediate and
can be seen in the sample image in the dialog box.

If you want to change individual components of the desktop, choose the Color
Palette >> button. This button expands the Color dialog box to include the
Screen Element, Basic Colors, and Custom Colors sections of the color palette
editor (see Figure 9.3).

- 19 -

Comments

According to the
’795 patent: “As
used herein, the
terms ‘theme’ and
‘themes’ refer to
coordinated designs
of interface objects
and object parts that
create a distinct
visual appearance
on the display.”
’795 Patent, Col. 5,
lines 60-62.
Additionally, the
’795 patents states:
“Further, while
window objects are
used to illustrate
how exemplary
embodiments of the
present invention
affect the
appearance and
behavior of desktop
objects in general,
those skilled in the
art will recognize
that the present
invention can be

Claim of the
’795 Patent

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
Using the Screen Element drop-down list, you can access the 13 window
components listed in the CONTROL.INI file (see Table 9.1). To change a
specific component, highlight the window component you want to change from
the drop-down list. When you do, it is placed in the Screen Element box, and
any color selection you make is assigned to the color component. The change is
immediate and can be seen in the Color Schemes section of the dialog box,
which provides a preview of how the final display will look.

a second set
of graphical
user
interface
objects each
of which
have the
same
function as
an associated
interface
object in said
first set, but
whose
individual
appearances
are
associated
with a
second
common
theme.

6. The
computer
readable
medium of
claim 5,
wherein said

Comments
used to control the
appearance and
behavior of any
desktop object
including, for
example, icons,
menus, lists, control
elements, cursors,
menu bars, etc.”
’795 Patent, Col. 4,
lines 27-34.

(Pp. 204-205).
Boyce describes Windows 3 software including a second color scheme or theme
(e.g., the Ocean color scheme) which stores data relating to attributes of a set of
graphical user interface components or objects collectively associated with that
color scheme. Each of the objects in the Ocean color scheme has the same
function as that object in the Monochrome color scheme. (pp. 203-205)
“Using Color Schemes
When you choose the Color icon in the Control Panel, the Color dialog box
appears (see Figure 9.2). The first dialog box lists the existing color schemes in
CONTROL.INI. You can choose from one of the predefined color schemes by
selecting a color scheme from the drop-down list and then choosing OK. The
predefined settings in CONTROL.INI for the chosen color scheme are then
applied to the desktop window components. The changes are immediate and
can be seen in the sample image in the dialog box.
...
4. Choose the Color Schemes drop-down list.
5. Scroll down to the Ocean color scheme.
6. Choose the Ocean color scheme.
The pattern is previewed in the sample.”
(pp. 202-205)

Boyce describes Windows 3 software including Control Panel code for
displaying a color palette used to select colors for interface objects.
“Using the Screen Element drop-down list, you can access the 13 window
components listed in the CONTROL.INI file (see Table 9.1). To change a
specific component, highlight the window component you want to change from

- 20 -

Note that the Basic
Colors in Figure 9.3
include patterns and
colors.

Claim of the
’795 Patent
sets of user
interface
objects
include data
related to
patterns and
colors used
to create
interface
objects.

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
the drop-down list. When you do, it is placed in the Screen Element box, and
any color selection you make is assigned to the color component. The change is
immediate and can be seen in the Color Schemes section of the dialog box,
which provides a preview of how the final display will look.

(Pp. 204-205).
7. The
computer
readable
medium of
claim 6
further
comprising
executable
code for
instructing
said drawing
resource to
draw the
interface
object
according to
one of said
themes.

Boyce describes Windows 3 software including a drawing resource for
displaying a selected color scheme.
“When you choose the Color icon in the Control Panel, the Color dialog box
appears (see Figure 9.2). The first dialog box lists existing color schemes in
CONTROL.INI. You can choose from one of the predefined color schemes by
selecting a color scheme from the drop-down list and then choosing OK. The
predefined settings in CONTROL.INI for the chosen color scheme are then
applied to the desktop window components. These changes are immediate and
can be seen in the sample image in the dialog box.

(P. 204).
8. The
computer
readable
medium of
claim 7,
where in said

Boyce describes Windows 3 software including Control Panel code for
switching between color schemes.
“The following exercise changes some of the window components. It starts with
one of the predefined schemes, then changes a few of the individual
components. To change some window components, follow these steps:

- 21 -

Comments

Claim of the
’795 Patent
code
instructs said
drawing
resource to
switch the
display from
one of said
themes to
another of
said themes.

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
1. Activate the Main program group.
2. Choose the Control Panel icon.
3. Choose the Color icon.
4. Choose the Color Schemes drop-down list.
5. Scroll down to the Ocean color scheme.
6. Choose the Ocean color scheme.
The pattern is previewed in the sample.
7. Select OK
The change is made to the desktop.
This changes your color scheme into a predefined pattern.”
(P. 205).

9. A
computer
system
comprising:

Boyce describes a computer system programmed with Windows 3 software
including Control Panel functions that alter desktop appearance.

a storage
means for
storing data
relating to
first and
second sets
of graphical
user
interface
objects;
a user
interface for
selectively
displaying
one of said
sets of
graphical
user

“To install Windows, follow these steps:
1. Insert Windows distribution diskette #1 in the floppy disk drive.
2. Make the drive current.
3. Type SETUP and press Return
4. When prompted by Setup, type the drive and directory in which to install
Windows.
5. Setup displays the hardware selection screen.
The hardware is usually selected properly, but you should verify each entry to
make sure.
6. Setup begins installing the Windows files.
7. Setup prompts you with options for changing the AUTOEXEC.BAT and
CONFIG.SYS files.
You can choose to let Setup make the changes, review the changes before they
are made, or save the intended changes to temporary files (which you can later
edit and copy to the AUTOEXEC.BAT and CONFIG.SYS files).
8. When Setup completes the installation process, it gives you the option to
reboot the system. You should do so, in order to incorporate any changes that
were made in the AUTOEXEC.BAT and CONFIG.SYS files.
Setup copies all necessary Windows files to the hard disk in the directory you
specified. They include application files, help files, device drivers, font files,
and other files Windows needs to run on your computer.” P. 609.
Boyce describes memory for storing data relating to graphical objects. First and
second data sets are provided for different color schemes. (See pp. 202-205).
“Setup copies all necessary Windows files to the hard disk in the directory you
specified. They include application files, help files, device drivers, font files,
and other files Windows needs to run on your computer.”
(P. 609).

Boyce describes a user interface for displaying graphical user interface objects.
“Because Windows is aware of hardware, you can run Windows on almost any
available DOS-compatible system. The type of system you have, however,
determines which of Windows’ run modes are available to you, how Windows
manages memory and so on. See Table 4.1, which indicates the recommended
minimum and optimum platform for running Windows on different CPUs,
depending on the operating mode you want to use. Use this table as a handy

- 22 -

Comments

Requester has
interpreted the term
“storage means” to
refer to memory.
See e.g., ’795
Patent, Col. 2, lines
20-30.

Claim of the
’795 Patent
interface
objects; and

a control
means for
switching the
display from
one set of
graphical
interface
objects to
another set
of graphical
interface
objects,

wherein

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
reference for the following discussion of these various platforms.

In addition to these components, you need a video card and a monitor
supported by Windows. The optimum monitor configuration is a highresolution 800 x 600 VGA or 1024 x 768 SuperVGA.”
(Pp. 77-78).
Boyce describes Control Panel software providing a Color dialog box which
provides a Color Schemes drop-down list for switching between color schemes.
“When you choose the Color icon in the Control Panel, the Color dialog box
appears (see Figure 9.2). The first dialog box lists existing color schemes in
CONTROL.INI. You can choose from one of the predefined color schemes by
selecting a color scheme from the drop-down list and then choosing OK. The
predefined settings in CONTROL.INI for the chosen color scheme are then
applied to the desktop window components. These changes are immediate and
can be seen in the sample image in the dialog box.

(P. 204).
Boyce describes Windows 3 software providing data to support both a first

- 23 -

Comments

Requester has
interpreted the term
“control means” to
refer to a control
panel such as that
depicted in Fig. 11
of the ’795 patent.
See ’795 Patent,
Fig. 11 and Col. 19,
line 50 – Col. 20,
line 13.

According to the

Claim of the
’795 Patent
individual
appearances
of the first
set of
graphical
interface
objects are
collectively
associated
with a first
common
theme and
each of the
second set of
graphical
interface
objects
having the
same
function as
an associated
interface
object in said
first set, but
whose
individual
appearances
are
collectively
associated
with a
second
common
theme.

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
color scheme or theme (e.g., the Monochrome color scheme shown in Figures
9.2 and 9.3) and a second color scheme or theme (e.g., the Ocean color scheme).
The components (objects) associated with a color scheme have the same
function in both color schemes.
“When you choose the Color icon in the Control Panel, the Color dialog box
appears (see Figure 9.2). The first dialog box lists existing color schemes in
CONTROL.INI. You can choose from one of the predefined color schemes by
selecting a color scheme from the drop-down list and then choosing OK. The
predefined settings in CONTROL.INI for the chosen color scheme are then
applied to the desktop window components. These changes are immediate and
can be seen in the sample image in the dialog box.

If you want to change individual components of the desktop, choose the Color
Palette >> button. This button expands the Color dialog box to include the
Screen Element, Basic Colors, and Custom Colors sections of the color palette
editor (see Figure 9.3).
Using the Screen Element drop-down list, you can access the 13 window
components listed in the CONTROL.INI file (see Table 9.1). To change a
specific component, highlight the window component you want to change from
the drop-down list. When you do, it is placed in the Screen Element box, and
any color selection you make is assigned to the color component. The change is
immediate and can be seen in the Color Schemes section of the dialog box,
which provides a preview of how the final display will look.

(Pp. 204-205).

- 24 -

Comments
’795 patent: “As
used herein, the
terms ‘theme’ and
‘themes’ refer to
coordinated designs
of interface objects
and object parts that
create a distinct
visual appearance
on the display.”
’795 Patent, Col. 5,
lines 60-62.
Additionally, the
’795 patents states:
“Further, while
window objects are
used to illustrate
how exemplary
embodiments of the
present invention
affect the
appearance and
behavior of desktop
objects in general,
those skilled in the
art will recognize
that the present
invention can be
used to control the
appearance and
behavior of any
desktop object
including, for
example, icons,
menus, lists, control
elements, cursors,
menu bars, etc.”
’795 Patent, Col. 4,
lines 27-34.

Claim of the
’795 Patent

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)

Comments

(P. 203).
10. The
computer
system of
claim 9,
wherein said
sets of user
interface
objects
include data
related to
patterns and
colors used
to create
interface
objects.

Boyce describes color schemes including color and pattern data for components
(objects).
“Using the Screen Element drop-down list, you can access the 13 window
components listed in the CONTROL.INI file (see Table 9.1). To change a
specific component, highlight the window component you want to change from
the drop-down list. When you do, it is placed in the Screen Element box, and
any color selection you make is assigned to the color component. The change is
immediate and can be seen in the Color Schemes section of the dialog box,
which provides a preview of how the final display will look.

(Pp. 204-205).

- 25 -

Note that the Basic
Colors in Figure 9.3
include patterns and
colors.

Claim of the
’795 Patent
11. The
computer
system of
claim 10,
wherein said
storage
means
further stores
a pattern
look-up table
with indexed
entries
containing
data related
to patterns
and colors
used to
create the
interface
objects.

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
Boyce describes Windows 3 software stored on the computer system, including
Control Panel code for displaying a color palette used to select colors for
interface objects.
“Setup copies all necessary Windows files to the hard disk in the directory you
specified. They include application files, help files, device drivers, font files,
and other files Windows needs to run on your computer.” P. 609.
“When you choose the Color icon in the Control Panel, the Color dialog box
appears (see Figure 9.2). The first dialog box lists existing color schemes in
CONTROL.INI. You can choose from one of the predefined color schemes by
selecting a color scheme from the drop-down list and then choosing OK. The
predefined settings in CONTROL.INI for the chosen color scheme are then
applied to the desktop window components. These changes are immediate and
can be seen in the sample image in the dialog box.

If you want to change individual components of the desktop, choose the Color
Palette >> button. This button expands the Color dialog box to include the
Screen Element, Basic Colors, and Custom Colors sections of the color palette
editor (see Figure 9.3).”
(P. 204).
12. A
computer
system
comprising:

Boyce describes a computer system programmed with Windows 3 software
including Control Panel functions that alter desktop appearance.
“To install Windows, follow these steps:
1. Insert Windows distribution diskette #1 in the floppy disk drive.
2. Make the drive current.
3. Type SETUP and press Return.
4. When prompted by Setup, type the drive and directory in which to install
Windows.
5. Setup displays the hardware selection screen.
The hardware is usually selected properly, but you should verify each entry to
make sure.
6. Setup begins installing the Windows files.
7. Setup prompts you with options for changing the AUTOEXEC.BAT and
CONFIG.SYS files.
You can choose to let Setup make the changes, review the changes before they
are made, or save the intended changes to temporary files (which you can later

- 26 -

Comments
The term “Palette”
means: “A subset of
the color look-up
table that
establishes the
colors that can be
displayed on the
screen at a
particular time.
The number of
colors in a palette is
determined by the
number of bits used
to represent a pixel.
For example, a
pixel represented by
4 bits can have one
of 16 colors.
Likewise, the
number of bits used
to represent a pixel
determines the size
of the palette.
Using the same
example, a 4-bit
pixel would allow a
palette size with 16
entries.” Computer
Dictionary,
Microsoft Press, pp.
256-57 (1991).

Claim of the
’795 Patent

a storage
means for
storing data
relating to
first and
second sets
of graphical
user
interface
objects;
a graphical
user
interface for
selectively
displaying
one of said
sets of
graphical
user
interface
objects; and

a selection
means for
switching the
display from

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
edit and copy to the AUTOEXEC.BAT and CONFIG.SYS files).
8. When Setup completes the installation process, it gives you the option to
reboot the system. You should do so, in order to incorporate any changes that
were made in the AUTOEXEC.BAT and CONFIG.SYS files.
Setup copies all necessary Windows files to the hard disk in the directory you
specified. They include application files, help files, device drivers, font files,
and other files Windows needs to run on your computer.”
(P. 609).
Boyce describes memory for storing data relating to graphical objects.
“Setup copies all necessary Windows files to the hard disk in the directory you
specified. They include application files, help files, device drivers, font files,
and other files Windows needs to run on your computer.”
(P. 609).

Comments

Requester has
interpreted the term
“storage means” to
refer to memory.
See e.g., ’795
Patent, Col. 2, lines
20-30.

Boyce describes a user interface for displaying graphical user interface objects.
“Because Windows is aware of hardware, you can run Windows on almost any
available DOS-compatible system. The type of system you have, however,
determines which of Windows’ run modes are available to you, how Windows
manages memory and so on. See Table 4.1, which indicates the recommended
minimum and optimum platform for running Windows on different CPUs,
depending on the operating mode you want to use. Use this table as a handy
reference for the following discussion of these various platforms.

In addition to these components, you need a video card and a monitor
supported by Windows. The optimum monitor configuration is a highresolution 800 x 600 VGA or 1024 x 768 SuperVGA.” Pp. 77-78.
Boyce describes Control Panel software providing a Color dialog box which
provides a Color Schemes drop-down list for switching between color schemes.
“When you choose the Color icon in the Control Panel, the Color dialog box

- 27 -

Requester has
interpreted the term
“selection means”
to refer to a control

Claim of the
’795 Patent
one set of
interface
objects to
another set
of interface
objects,
whereby the
user
interface
displays
interface
objects using
one of the
sets of
graphical
user
interface
objects, said
selection
means
including:

a control
layer having
a pattern
look-up table
with indexed
entries
containing
data related
to patterns
and colors
used to
create
interface
objects; and

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
appears (see Figure 9.2). The first dialog box lists existing color schemes in
CONTROL.INI. You can choose from one of the predefined color schemes by
selecting a color scheme from the drop-down list and then choosing OK. The
predefined settings in CONTROL.INI for the chosen color scheme are then
applied to the desktop window components. These changes are immediate and
can be seen in the sample image in the dialog box.

P. 204.
Boyce describes Windows 3 software including a look-up table containing
indexed entries representing color scheme data.
“When you choose the Color icon in the Control Panel, the Color dialog box
appears (see Figure 9.2). The first dialog box lists existing color schemes in
CONTROL.INI. You can choose from one of the predefined color schemes by
selecting a color scheme from the drop-down list and then choosing OK. The
predefined settings in CONTROL.INI for the chosen color scheme are then
applied to the desktop window components. These changes are immediate and
can be seen in the sample image in the dialog box.

If you want to change individual components of the desktop, choose the Color
Palette >> button. This button expands the Color dialog box to include the
Screen Element, Basic Colors, and Custom Colors sections of the color palette
editor (see Figure 9.3).

- 28 -

Comments
panel such as that
depicted in Fig. 11
of the ’795 patent.
See ’795 Patent,
Fig. 11 and Col. 19,
line 50 – Col. 20,
line 13.

The term “Palette”
means: “A subset of
the color look-up
table that
establishes the
colors that can be
displayed on the
screen at a
particular time.
The number of
colors in a palette is
determined by the
number of bits used
to represent a pixel.
For example, a
pixel represented by
4 bits can have one
of 16 colors.
Likewise, the
number of bits used
to represent a pixel
determines the size
of the palette.
Using the same
example, a 4-bit
pixel would allow a
palette size with 16
entries.” Computer
Dictionary,
Microsoft Press, pp.

Claim of the
’795 Patent

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)

Comments
256-57 (1991).

Using the Screen Element drop-down list, you can access the 13 window
components listed in the CONTROL.INI file (see Table 9.1). To change a
specific component, highlight the window component you want to change from
the drop-down list. When you do, it is placed in the Screen Element box, and
any color selection you make is assigned to the color component. The change is
immediate and can be seen in the Color Schemes section of the dialog box,
which provides a preview of how the final display will look.

a command
means for
commanding
the control
layer to draw
a pattern on
the interface
referring to
at least one
of the
indexed
entries in the
pattern lookup table,
wherein
individual
appearances
of the first
set of
graphical
interface
objects are
collectively
associated
with a first
common
theme and
each of the
second set of
graphical
interface
objects

(Pp. 204-205).
Boyce describes Windows 3 software including a drawing resource for
displaying a selected color scheme, equivalent to that disclosed in the ’795
patent.
“When you choose the Color icon in the Control Panel, the Color dialog box
appears (see Figure 9.2). The first dialog box lists existing color schemes in
CONTROL.INI. You can choose from one of the predefined color schemes by
selecting a color scheme from the drop-down list and then choosing OK. The
predefined settings in CONTROL.INI for the chosen color scheme are then
applied to the desktop window components. These changes are immediate and
can be seen in the sample image in the dialog box.

If you want to change individual components of the desktop, choose the Color
Palette >> button. This button expands the Color dialog box to include the
Screen Element, Basic Colors, and Custom Colors sections of the color palette
editor (see Figure 9.3).

- 29 -

Requester has
interpreted the term
“command means”
to refer to the
application itself.
See ’795 Patent,
Col. 2, lines 43-45.
According to the
’795 patent: “As
used herein, the
terms ‘theme’ and
‘themes’ refer to
coordinated designs
of interface objects
and object parts that
create a distinct
visual appearance
on the display.”
’795 Patent, Col. 5,
lines 60-62.
Additionally, the
’795 patents states:
“Further, while
window objects are
used to illustrate
how exemplary
embodiments of the
present invention
affect the
appearance and
behavior of desktop

Claim of the
’795 Patent
having the
same
function as
an associated
interface
object in said
first set, but
whose
individual
appearances
are
collectively
associated
with a
second
common
theme.

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
Using the Screen Element drop-down list, you can access the 13 window
components listed in the CONTROL.INI file (see Table 9.1). To change a
specific component, highlight the window component you want to change from
the drop-down list. When you do, it is placed in the Screen Element box, and
any color selection you make is assigned to the color component. The change is
immediate and can be seen in the Color Schemes section of the dialog box,
which provides a preview of how the final display will look.

Pp. 204-205.

P. 203.
“The following exercise changes some of the window components. It starts with
one of the predefined schemes, then changes a few of the individual
components. To change some window components, follow these steps:

- 30 -

Comments
objects in general,
those skilled in the
art will recognize
that the present
invention can be
used to control the
appearance and
behavior of any
desktop object
including, for
example, icons,
menus, lists, control
elements, cursors,
menu bars, etc.”
’795 Patent, Col. 4,
lines 27-34.

Claim of the
’795 Patent

JIM BOYCE, MAXIMIZING WINDOWS 3 GETTING THE MOST FROM
MICROSOFT WINDOWS (1991)
1. Activate the Main program group.

Comments

2. Choose the Control Panel icon.
3. Choose the Color icon.
4. Choose the Color Schemes drop-down list.
5. Scroll down to the Ocean color scheme.
6. Choose the Ocean color scheme.
The pattern is previewed in the sample.
7. Select OK
The change is made to the desktop.
This changes your color scheme into a predefined pattern.” P. 205.

As pointed out within the foregoing claim chart, Boyce discloses each and every
element of Claims 1-12 of the ’795 patent. Therefore, it is submitted that Boyce raises a
substantial new question of patentability for Claims 1-12.
(b)

Second Ground for Rejection: Claims 1-12 are Obvious over
Boyce in view of the Microsoft Dictionary

The claim chart above presented in connection with the first ground for rejection is
incorporated in support of this second ground.
The Federal Circuit has repeatedly held that “anticipation is the epitome of
obviousness.” Connell v. Sears, Roebuck & Co., 722 F.2d 1542, 1548 (Fed. Cir. 1983);
see also In re McDaniel, 293 F.3d 1379 (Fed. Cir. 2002). Because Boyce anticipated
Claims 1-12 of the ’795 patent by disclosing each and every element of these claims,
Claims 1-12 of the ’795 patent also would have been obvious over Boyce, particularly in
view of the definition of “palette” in the Microsoft Dictionary. To the extent the patent
owner may assert minor differences between the control panel of the ’795 patent as

- 31 -

claimed, and the control panel described in Boyce, such differences would have been
obvious to one skilled in the art.
Hence, it is submitted that Boyce in view of the Microsoft Dictionary raises a
substantial new question of patentability for Claims 1-12.
III.

Conclusion
Boyce was not previously considered, and is not cumulative with the references

previously considered. Thus, for the reasons set forth above, a substantial new question
of patentability exists for each of Claims 1-12 of the ’795 patent. The Requester
accordingly, requests reexamination of Claims 1-12 of the ’795 patent and respectfully
submits that each of these claims should be rejected as unpatentable in view of the
rationales presented herein.

Respectfully submitted,
/Scott E. Brient/
Scott E. Brient
Reg. No. 44,561
Customer No. 93485
Brient Intellectual Property Law, LLC
2300 Lakeview Parkway, Suite 700
Alpharetta, GA 30009
Phone: [phone]
Fax: [phone]
ELECTRONICALLY FILED USING THE EFS-WEB ELECTRONIC FILING SYSTEM OF THE UNITED STATES
PATENT & TRADEMARK OFFICE ON

April 28, 2010.

- 32 -

Exhibit J

PRIOR ART REFERENCES
I.

THE 369 PATENT



Visual Basic 2 for Windows Inside & Out (“Visual Basic Inside Out”).



Microsoft Windows for Pen Computing: A Catalog of Products for Mobile
Professionals (“Catalog”).



Windows for Pen Computing Programmer’s Reference (“Programmer’s
Reference”).



Teach Yourself Visual Basic 3.0 in 21 Days (“Teach Yourself”).



U.S. Patent No. 5,487,141 (“Cain”).



The Complete HyperCard Handbook (“HyperCard”).



Slate PenApps Application Builder (“PenApps”).



Steven Holzner, Peter Norton’s Visual Basic for Windows, 2nd Edition (Brady
Publishing 1992) (“Norton”)



U.S. Patent No. 5,335,320 ("Iwata").



U.S. Patent No. 5,379,057 (“Clough”).



U.S. Patent No. 5,075,847 - Method and Apparatus for Computer Program
Encapsulation - To: Fromme.



U.S. Patent No. 5,522,073 - Method and Apparatus for Automating and
Controlling Execution of Software Tools and Tool Sets via When/Then
Relationships - To: Courant.



A Description of the Model-View-Controller User Interface Paradigm in the
Smalltalk-80 System – Krasner.



Separating Application Code From Toolkits: Eliminating the Spaghetti of CallBacks – Myers.



MoDE: An Object-Oriented User Interface Development Environment Based on
the Concept of Mode – Shan.



The Nesa Programming Environment – Sweet.



E.P. Application - Publication No. 0 408 812 A1 - Distributed Object Based
Systems - To: Williams.



U.S. Patent No. 4,555,775 - Dynamic Generation and Overlaying of Graphic
Windows for Multiple Active Program Storage Areas - To: Pike.



U.S. Patent No. 4,656,603 - Schematic Diagram Generating System Using
Library of General Purpose Interactively Selectable Graphic Primitives to Create
Special Applications Icons - To: Dunn.



U.S. Patent No. 4,899,136 - Data Processor Having a User Interface Display with
Metaphoric Objects - To: Beard.

1

PRIOR ART REFERENCES


U.S. Patent No. 5,339,392 - Apparatus and Method for Creation of a User
Definable Video Displayed Document Showing Changes in Real Time Data - To:
Risberg.



Creating Highly-Interactive and Graphical User Interfaces by Demonstration –
Myers.



U.S. Patent No. 4,841,291 - Interactive Animation of Graphics Objects - To:
Swix.



U.S. Patent No. 4,845,665 - Simulation of Computer Program External Interfaces
- To: Heath.



U.S. Patent No. 4,866,638 - Process for Producing Human-Computer Interface
Prototypes - To: Cosentino.



U.S. Patent No. 5,041,992 - Interactive Method of Developing Software
Interfaces - To: Cunningham.



U.S. Patent No. 5,115,501 - Procedure for Automatically Customizing the User
Interface of Application Programs - To: Kerr.



U.S. Patent No. 5,119,475 - Object-Oriented Framework for Menu Definition To: Smith.



U.S. Patent No. 5,121,477 - System for Interactively Creating Action Bar PullDown Windows of a User Interface for Use at Program Run Time - To:
Koopmans.



U.S. Patent No. 5,179,700 - User Interface Customization Apparatus - To: Aihara.



U.S. Patent No. 5,220,675 - Method and System for Customizing a User Interface
in an Integrated Environment - To: Padawer.



U.S. Patent No. 5,220,675A - Method and System for Customizing a User
Interface in an Integrated Environment - To: Padawer.



U.S. Patent No. 5,287,514 - Method and System for Customizing a User Interface
in a Computer System - To: Gram.



U.S. Patent No. 5,327,529 - Process of Designing User's Interfaces for
Application Programs - To: Fults.



U.S. Patent No. 5,363,482 - Graphical System and Method in Which a Function is
Performed on a Second Portal Upon Activation of a First Portal - To: Victor.



U.S. Patent No. 5,371,844 - Palette Manager in a Graphical User Interface
Computer System - To: Andrew.



U.S. Patent No. 5,394,521 - User Interface with Multiple Workspaces for Sharing
Display System Objects - To: Henderson.



U.S. Patent No. 5,438,659 - Object-Action User Interface Management System To: Notess.

2

PRIOR ART REFERENCES


U.S. Patent No. 5,596,702 - Method and System for Dynamically Sharing User
Interface Displays Among a Plurality of Application Program - To: Stucka.



U.S. Patent No. 5,600,778 - Graphical Resource Editor for Software
Customization - To: Swanson.



U.S. Statutory Invention Reg No.H1506 - Graphical User Interface for Editing
Palette of Colors - To: Baretta.
II.

THE 381 PATENT



Glimpse: A Novel Input Model for Multi-Level Devices, Mitsubishi Electric
Research Laboratories, Clifton Forlines, Chia Shen and Bill Buxton, December,
1995 (“Glimpse”).



Microsoft Word 2003 Inside Out, Mary Millhollon and Katherine Murray,
November 12, 2003 (“MS Word 2003 Inside Out”).



Published U.S. Patent Application No. 2005/0195154 (“Robbins”);



U.S. Patent No. 6,690,387 (“Zimmerman”).



SUSE Linux Enterprise Desktop 10 (SLED 10) Deployment Guide (“Guide”).



SUSE Linux Enterprise Desktop 10 (SLED 10) Demonstration Video (“Video”).



Digistrips les interfaces-Le Centre d'Etudes de la Navigation Aerienne.



AppLens and LaunchTile: Two Designs for One-Handed Thumb Use on Small
Devices- Karlson, Bederson, SanGiovanni.



AppLens & LaunchTile: Two Designs for One-Handed Thumb Use on Small
Devices-Vemula



LaunchTile & AppLens: One-Handed Thumb Use on Small Devices- Karlson,
Bederson, SanGiovanni



Users Bandwidth in Air Traffic Management: an Analysis from the HMI Point of
View- Mertz, Benhacene



Touch Input Screens and Animations: More Efficient and Humanized Computer
Interactions for ATC(O) - Mertz, Vinot



Pushing the limits of ATC user interface design beyond S&M interaction: the
DigiStrips experience- Mertz, Chatty, Vinot



U.S. Patent No. 5,880,411 - Object Position Detector with Edge Motion Feature
and Gesture Recognition - To: Gillespie



U.S. Pub. No. 2008/0094367 - Pressure-Controlled Navigating in A Touch Screen
- To: Van De Ven



U.S. Patent No.7,231,231 - Method and Apparatus for Locking a Mobile
Telephone Touch Screen - To: Kokko

3

PRIOR ART REFERENCES

III.

THE 074 PATENT



U.S. Patent No. 4,025,906 (“Riikonen”).



U.S. Patent No. 4,864,599 (“Saegusa”).



High Performance Serial Bus P1394/Draft 5.3v1 (“FireWire”).



U.S. Patent No. 5,394,556 (“Oprescu”).



G. E. Friend, et al, "Understanding Data Communications.”



U.S. Patent No. 4,504,927 - Programmable Controller with Expandable I/O
Interface Circuitry - To: Callan.



U.S. Patent No. 4,509,113 - Peripheral Interface Adapter Circuit for Use in I/O
Controller Card Having Multiple Modes of Operation - To: Heath.



U.S. Patent No. 4,855,905 - Multiprotocol I/O Communications Controller Unit
Including Emulated I/O Controllers and Tables Translation of Common
Commands and Device Addresses - To: Estrada.



U.S. Patent No. 5,031,091 - Channel Control System Having Device Control
Block and Corresponding Device Control Word with Channel Command Part and
I/O Command Part - To: Wakatsuki.



U.S. Patent No. 5,131,081 - System Having a Host Independent Input/Output
Processor for Controlling Data Transfer Between a Memory and a Plurality of I/O
Controllers - To: MacKenna.



U.S. Patent No. 5,179,666 - Block Oriented Peripheral Device Interface - To:
Rimmer.



U.S. Patent No. 5,289,580 - Programmable Multiple I/O Interface Controller - To:
Latif.



U.S. Patent No. 5,291,585 - Computer System Having System Feature Extension
Software Containing a Self-Describing Feature Table for Accessing I/O Devices
According to Machine-Independent Format - To: Sato.



U.S. Patent No. 5,301,277 - Method and Apparatus for Communicating Peripheral
Data to/from Minor Operating Systems Running as SubProcesses on a Main
Operating System - To: Kanai.



U.S. Patent No. 5,361,336 - Method for Controlling an Instrument Through a
Common Instrument Programming Interface - To: Atchison.



U.S. Patent No. 5,457,784 - Interfacing System Using an Auto-Adapting MultiPorted Control Module Between an I/O Port and a Plurality of Peripheral
Adaptors via Bus Extending Cables - To: Wells.



E.P. Application - Publication No. 0 494 032 A2 - Icon Object Interface System
and Method - To: Cavendish.

4

PRIOR ART REFERENCES

IV.

THE 105 PATENT



W. A. Gardner, Exploitation of Spectral Redundancy in Cyclostationary Signals,
IEEE Signal Processing Magazine, Vol. 8, , pp. 14-36 (1991) (“Gardner”).



P. A. Laurent, Exact and approximate construction of digital phase modulations
by superposition of amplitude modulated pulses (AMP), IEEE Trans. on
Commun., Vol. COM 34. pp. 150-160 (1986) (“Laurent”).



G. K. Kaleh, Simple coherent receivers for partial response continuous phase
modulation, IEEE J. Selected Areas Commun., Vol. 7, pp. 1427-1436, (Sept.
1989) (“Kaleh”).



W. A. Gardner, Cyclic Wiener Filtering: Theory and Method, IEEE Trans. on
Commun., Vol. 41, pp. 151-163 (1993) (“Gardner II”).



Frequency-Shift Filtering Theory for Adaptive CO-Channel Interference
Removal- Gardner, Brown.



Introduction to Random Processes With Applications to Signals and SystemsGardner.



Suppression of Cochannel Interference in GSM by Pre-demodulation Signal
Processing- Gardner.



Cyclostationarity: Half a century of research- Gardner, Napolitano, Paura.



A New Kind of Adaptive Frequency Shift Filter- Zhang, Wong, Jin, Wu.
V.

THE 854 PATENT



US Patent No. 5,315,646.



“Reuse in the Telecommunications Domain Using Object Oriented Technology
and ADA,” Anders Sixtensson, Wenchuan Ye, May 4, 1990.



Anders Sixtensson, Wenchaun Ye, “Reuse In The Telecommunication Domain
Using Object Oriented Technology And ADA” (Washington Ada Symposium
Proceedings June 1990) pp. 231-239 (“the Sixtensson article”).



Ellis S. Cohen et al., “Version Management in Gypsy” (Siemens Research &
Technology Laboratories 1988) pp. 201-215 (“the Cohen article”).



“NeXTSTEPTM Object-Oriented Programming and the Objective C Language,”
NeXTSTEP Developer’s Library Release 3 (Addison-Wesley Publishing
Company April 1993) pp. xi – xvi, 1, 5, and 8-18 (“NeXTSTEP I”).



“NeXTSTEPTM Programming Interface Summary,” NeXTSTEP Developer’s
Library Release 3 (Addison-Wesley Publishing Company April 1993) pp. 1, and
13-1 – 13-7 (“NeXTSTEP II”).

5

PRIOR ART REFERENCES


“NeXTSTEPTM General Reference,” Vol. 2, NeXTSTEP Developer’s Library
Release 3 (Addison-Wesley Publishing Company November 1992) pp. 13-1 – 1338 (“NeXTSTEP III”).



U.S. Patent No. 4,625,081 to Lotito et al. (“the Lotito patent”).



“Programming the Display PostScript - System with NeXTSTEPTM” (AddisonWesley Publishing Company November 1991) pp. xxii, xxiii, 1, 2, 3, 4, 7 and 10
(“NeXTSTEP IV”).



UICCELL.



Ik-Ho Maeng, “Object-oriented Development of Distributed Systems: The
PROTOTYPING Approach for UICPBX Modeling Based on PROT Nets,” March
1989. [DEC Korea].



Gene Chan, “UICCELL: Specification for a Cellular Phone Simulator,” Nov.
1990.



Xumiao Cai, “An Object-Oriented Design of the User Interfaces for the
UICCELL,” March 1991.



Keane Tom, “The Object Oriented Design and Implementation of UICCELL –
Mobile Switching Center,” May 1991.



Jing Loutris, “The Object Oriented Design and Implementation of UICCELL –
Base Station,” May 1991.



Wan-Ling Huang, “The Object Oriented Design and Implementation of
UICCELL - Mobile,” May 1991.



Ren-Hang Zhang, “The SDL Specification of UICCELL,” May 1991.



Humam H. Abuamara, “Inheritance Through Abstract Classes for the UICCELL,”
June 1993. E.P. Application - Publication No. 0 468 913 A2 - Modular Public
Telephones Operating System - To: Palomeque.



U.S. Patent No. 4,635,208 - Computer-Aided Design of Systems - To: Coleby.



U.S. Patent No. 4,716,583 - Verbal Computer Terminal System - To: Groner.



U.S. Patent No. 4,736,406 - Expansion Subsystem for Use in a Communication
System - To: Molnar.



U.S. Patent No. 4,747,127 - Customer Programmable Real-Time System - To:
Hansen.



U.S. Patent No. 4,791,550 - Higher Order Language-Directed Computer - To:
Stevenson.



U.S. Patent No. 4,805,209 - Coordinated Transfer of Voice and Information
Through Digital Switch - To: Baker.



U.S. Patent No. 4,813,069 - Computer System Having Automatic Answering
Telephone Function - To: Tanaka.

6

PRIOR ART REFERENCES


U.S. Patent No. 4,860,342 - Computer-Telephone Interface Method and
Apparatus - To: Danner.



U.S. Patent No. 4,899,373 - Method and Apparatus for Providing Personalized
Telephone Subscriber Features at Remote Locations - To: Lee.



U.S. Patent No. 4,907,260 - Telephone Line Communications Control System To: Prohs.



U.S. Patent No. 4,937,743 - Method and System for Scheduling, Monitoring and
Dynamically Managing Resources - To: Rassman.



U.S. Patent No. 4,943,996 - Shared Access Voice and Information - To: Baker.



U.S. Patent No. 5,046,188 - Data Interface for Telephone System - To: Molnar.



U.S. Patent No. 5,161,225 - Persistent Stream for Processing Time Consuming
and Reusable Queries in an Object Oriented Dataase Management System - To:
Abraham.



U.S. Patent No. 5,164,981 - Voice Response System With Automated Data
Transfer - To: Mitchell.



U.S. Patent No. 5,195,130 - Computer and Telephone Apparatus with User
Friendly Computer Interface and Enhanced Integrity Features - To: Weiss.



U.S. Patent No. 5,224,153 - Voice-Data Telephonic Interface Control System To: Katz.



U.S. Patent No. 5,243,643 - Voice Processing System with Configurable Caller
Interfaces - To: Sattar.



U.S. Patent No. 5,255,183 - Telephone-Based Personnel Tracking System - To:
Katz.



U.S. Patent No. 5,255,305 - Integrated Voice Processing System - To: Sattar.



U.S. Patent No. 5,274,738 - Modular Digital Voice Processing System - To: Daly.



U.S. Patent No. 5,315,646 - Systems and Processes for Providing Multiple
Interfaces for Telephone Services - To: Babson.



U.S. Patent No. 5,384,829 - Digital Computer Platform for Supporting Telephone
Network Applications - To: Heileman.



U.S. Patent No. 5,404,396 - Feature Interaction Manager - To: Brennan.



U.S. Patent No. 5,414,812 - System for Using Object-Oriented Hierarchical
Representation to Implement a Configuration Database for a Layered Computer
Network Communications Subsystem - To: Filip.



U.S. Patent No. 5,420,852 - Digital Switching System Connecting Buses with
incompatible Protocols and Telephone Answering System and Private Automatic
Branch Exchange with Integrated Voice and Textual Message Records - To:
Anderson.

7

PRIOR ART REFERENCES


U.S. Patent No. 5,428,679 - Automated Service Assurance Method and System To: French.



U.S. Patent No. 5,442,690 - Telecommunication Service Record Structure and
Method of Execution - To: Nazif.



U.S. Patent No. 5,450,480 - Method of Creating a Telecommunication Service
Specification - To: Man.



U.S. Patent No. 5,452,341 - Integrated Voice Processing System - To: Sattar.



U.S. Patent No. 5,455,903 - Object Oriented Customer Information Exchange
System and Method - To: Jolissaint.



U.S. Patent No. 5,479,487 - Calling Center Employing Unified Control System To: Hammond.



U.S. Patent No. 5,481,601 - System and Method for Creating, Transfering and
Monitoring Services in a Telecommunication System - To: Nazif.



U.S. Patent No. 5,541,986 - Method and System for Automated
Telecommunications Service Script Consolidation and Downloading - To: Hou.



PCT - Int.'l Publication No.WO 92/14314 - Digital/Audio Interactive
Communication Network - To: Doll.
VI.

THE 703 PATENT



U.S. 5,710,928 (Atkinson Reference).



Method and Apparatus for Scoped Interprocess Message Switching, WO
92/13309.



U.S. Patent No. 5,363,483 (Jones Reference).



U.S. Patent No. 5,596,695 (Hamada Reference).



E. Cohen, D. Soni, R. Gluecker, W. Hasling, R. Schwanke, M. Wagner, “Version
Management in Gypsy” (ACM 1988) pp. 201, 210-211 (“the Cohen article”).



G. Krasner, S. Pope, “A Cookbook for Using the Model-View-Controller User
Interface Paradigm in Smalltalk-80” (Journal of Object Oriented Programming
1988) pp. 27-28 (“the Krasner article”).



U.S. Patent No. 5,204,947 to Bernstein et al. (“the Bernstein patent”).



Harry McQuillen IV, 10 Minute Guide to System 7 (Sams 1991).



Task Control Architecture (1990).
VII.



THE 795 PATENT

David Moskowitz and David Kerr, et al., OS/2 2.1 Unleashed (1993).
8

PRIOR ART REFERENCES


Jim Boyce, Maximizing Windows 3: Getting the Most from Microsoft Windows
(1991).



Microsoft Press Computer Dictionary.



U.S. Patent No. 4,656,603 - Schematic Diagram Generating System Using
Library of General Purpose Interactively Selectable Graphic Primitives to Create
Special Applications Icons - To: Dunn.



U.S. Patent No. 5,339,392 - Apparatus and Method for Creation of a User
Definable Video Displayed Document Showing Changes in Real Time Data - To:
Risberg.



Design of Graphical User Interface for Multimedia DBMS: Query Management
Facility – Peabody.



Realism in Computer Graphics: A Survey – Amanatides.



Creating Highly-Interactive and Graphical User Interfaces by Demonstration –
Myers.



U.S. Patent No. 4,841,291 - Interactive Animation of Graphics Objects - To:
Swix.



U.S. Patent No. 4,845,665 - Simulation of Computer Program External Interfaces
- To: Heath.



U.S. Patent No. 4,866,638 - Process for Producing Human-Computer Interface
Prototypes - To: Cosentino.



U.S. Patent No. 5,041,992 - Interactive Method of Developing Software
Interfaces - To: Cunningham.



U.S. Patent No. 5,101,364 - Method and Facility for Dynamic Video Composition
and Viewing - To: Davenport.



U.S. Patent No. 5,115,501 - Procedure for Automatically Customizing the User
Interface of Application Programs - To: Kerr.



U.S. Patent No. 5,119,475 - Object-Oriented Framework for Menu Definition To: Smith.



U.S. Patent No. 5,121,477 - System for Interactively Creating Action Bar PullDown Windows of a User Interface for Use at Program Run Time - To:
Koopmans.



U.S. Patent No. 5,121,478 - Window System with Independently Replaceable
Window Functionality - To: Rao.



U.S. Patent No. 5,179,700 - User Interface Customization Apparatus - To: Aihara.



U.S. Patent No. 5,185,857 - Method and Apparatus for Multi-Optional
Processing, Storing, Transmitting and Retrieving Graphical and Tabular Data in a
Mobile Transportation Distributable and/or Networkable Communications and/or
Data Processing System - To: Roz.
9

PRIOR ART REFERENCES


U.S. Patent No. 5,220,675 - Method and System for Customizing a User Interface
in an Integrated Environment - To: Padawer.



U.S. Patent No. 5,220,675A - Method and System for Customizing a User
Interface in an Integrated Environment - To: Padawer.



U.S. Patent No. 5,226,163 - File Characterization for Computer Operating and
File Management Systems - To: Karsh.



U.S. Patent No. 5,287,514 - Method and System for Customizing a User Interface
in a Computer System - To: Gram.



U.S. Patent No. 5,327,529 - Process of Designing User's Interfaces for
Application Programs - To: Fults.



U.S. Patent No. 5,341,466 - Fractal Computer User Centerface with Zooming
Capability - To: Perlin.



U.S. Patent No. 5,363,482 - Graphical System and Method in Which a Function is
Performed on a Second Portal Upon Activation of a First Portal - To: Victor.



U.S. Patent No. 5,371,844 - Palette Manager in a Graphical User Interface
Computer System - To: Andrew.



U.S. Patent No. 5,388,202 - Method and Apparatus for Generating Window
Borders Having Pictorial Frame Elements - To: Squires.



U.S. Patent No. 5,394,521 - User Interface with Multiple Workspaces for Sharing
Display System Objects - To: Henderson.



U.S. Patent No. 5,438,659 - Object-Action User Interface Management System To: Notess.



U.S. Patent No. 5,452,406 - Method and System for Scalable Borders that Provide
an Appearance of Depth - To: Butler.



U.S. Patent No. 5,452,468 - Computer System with Parallel Processing for
Interformation Organization - To: Peterson.



U.S. Patent No. 5,471,675 - Object Oriented Video Framework System - To: Zias.



U.S. Patent No. 5,485,600 - Computer Modelling System and Method for
Specifying the Behavior of Graphical Operator Interfaces - To: Joseph.



U.S. Patent No. 5,500,800 - Method and Apparatus for Tracking Allocatable
Requirements - To: Talbott.



U.S. Patent No. 5,596,702 - Method and System for Dynamically Sharing User
Interface Displays Among a Plurality of Application Program - To: Stucka.



U.S. Patent No. 5,600,778 - Graphical Resource Editor for Software
Customization - To: Swanson.



U.S. Patent No. 5,615,320 - Computer-Aided Color Selection and Colorizing
System Using Objective-Based Coloring Criteria - To: Lavendel.

10

PRIOR ART REFERENCES


U.S. Patent No. 5,619,274 - Television Schedule Information Transmission and
Utilization System and Process - To: Roop.



U.S. Patent No. 5,903,454 - Human-Factored Interface Corporating Adaptive
Pattern Recognition Based Controller Apparatus - To: Hoffberg.



U.S. Patent No.6,643,656 - Computerized Information Retrieval System - To:
Peterson.



U.S. Statutory Invention Reg No. H1506 - Graphical User Interface for Editing
Palette of Colors - To: Baretta.



U.S. Patent No.6,275,935 - Systems and Methods for Locking Interactive Objects
- To: Barlow.
VIII. THE 034 PATENT



PCT WO 94/11813.



E.P. Application - Publication No. 0 468 913 A2 - Modular Public Telephones
Operating System - To: Palomeque.



U.S. Patent No. 4,805,209 - Coordinated Transfer of Voice and Information
Through Digital Switch - To: Baker.



U.S. Patent No. 4,813,069 - Computer System Having Automatic Answering
Telephone Function - To: Tanaka.



U.S. Patent No. 4,860,342 - Computer-Telephone Interface Method and
Apparatus - To: Danner .



U.S. Patent No. 4,907,260 - Telephone Line Communications Control System To: Prohs.



U.S. Patent No. 4,943,996 - Shared Access Voice and Information - To: Baker.



U.S. Patent No. 5,164,981 - Voice Response System With Automated Data
Transfer - To: Mitchell.



U.S. Patent No. 5,224,153 - Voice-Data Telephonic Interface Control System To: Katz.



U.S. Patent No. 5,255,305 - Integrated Voice Processing System - To: Sattar.



U.S. Patent No. 5,384,829 - Digital Computer Platform for Supporting Telephone
Network Applications - To: Heileman.



U.S. Patent No. 5,404,396 - Feature Interaction Manager - To: Brennan.



U.S. Patent No. 5,420,852 - Digital Switching System Connecting Buses with
incompatible Protocols and Telephone Answering System and Private Automatic
Branch Exchange with Integrated Voice and Textual Message Records - To:
Anderson.

11

PRIOR ART REFERENCES


U.S. Patent No. 5,428,679 - Automated Service Assurance Method and System To: French.



U.S. Patent No. 5,450,480 - Method of Creating a Telecommunication Service
Specification - To: Man.



U.S. Patent No. 5,479,487 - Calling Center Employing Unified Control System To: Hammond.



U.S. Patent No. 5,481,601 - System and Method for Creating, Transfering and
Monitoring Services in a Telecommunication System - To: Nazif.
IX.

THE 453 PATENT



Patent Cooperation Treaty (PCT) Patent Application Publication No. WO
01/27728 A1 to Qureshi et al. (“the Qureshi application”), published April 19,
2001.



Applicant’s Admitted Prior Art (“AAPA”) in U.S. Patent No. 7,383,453 to
Youngs.



United States Patent Number 6,792,551 to Dai (“the Dai patent”), filed November
26, 2001.



U.S. Patent No. 5,864,702- Computer System Power Management
Interconnections Circuitry, Systems and Methods - To: Walsh.



U.S. Patent No.6,272,642 - Managing a System's Performance State - To: Pole.



U.S. Patent No.6,347,379 - Reducing Power Consumption of an Electronic
Device - To: Dai.



U.S. Patent No.6,715,090 - Processor For Controlling Substrate Biases in
Accordance to the Operation Modes of the Processor - To: Totsuka.

12