Apple, Inc. v. Motorola, Inc. et al
Filing
107
Declaration of Winslow B. Taub filed by Plaintiffs Apple, Inc., Next Softward, Inc. re: 90 Motion Requesting Claims Construction by Plaintiffs. (Attachments: # 1 Ex. A, '486 Inf. Chart, # 2 Ex. B, '354 file history excerpt, # 3 Ex. C, '354 file history excerpt, # 4 Ex. D, Spielman report excerpts, # 5 Ex. E, '983 file history excerpts, # 6 Ex. F, '983 file history excerpts, # 7 Ex. G, '337 Inf. Chart, # 8 Ex. H, '002 Inf. Chart, # 9 Ex. I, '002 file history excerpt, # 10 Ex. J, '002 file history excerpt, # 11 Ex. K, '002 file history excerpt, # 12 Ex. L, dictionary definitions, # 13 Ex. N, JPS63-167588 cert. trans., # 14 Ex. O, appl. 08/050952 file history excerpt, # 15 Ex. P, invalidity conten. excerpt, # 16 Ex. Q, 6,371,977, # 17 Ex. R, 5,474,831) (Haslam, Robert) Modified on 7/18/2011 (llj).
EXHIBIT J
UNITED STATES
Patent
Mdrsss
COMMISSIONER
Washington.
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FILING
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2773
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F4
obvious
programs
Cohausz
Figs.
been
because
application
addition
17
the
as
program.
region with
window
in
programs
for the
window
first
the
and
up
individual programming
features
interpreted
area
functions
control
single
window
first
Display
Printer
of
portions
teaches
and
status
provide
modules Fl
Scanner
Takagi
Therefore
invention
Takagi
programming
such
programs
that
hand
other
separately
individual
line 14.
were
2773
individual
of
10
08/821004
programming
first
the
programming
such
with
the
that
first
the
module
module
programming
programming
set
requests
of
indicative
modules
module
of
features
interact
also
at
p.
2.
002FH280
WI-AppIe000l
185
Number
ApplicationiControl
Art Unit
window
also
and
individually
wherein
the
variable
status
claim
to
Claims 4-
4885704
and
Cohausz
that
the
areas
first
is
based
in
On
is
region
so
col
lines
that
is
region
above
other
are
Mills
also
none
or
of
the
all
display
display
al
at
U.S
applicants
et
al
and
the
at
first
paragraph
window
first
is
region
et
al
Patent
5202961
of
and
the
portion
is
of
none
does
but
paragraph
that
window
first
the
plurality
region
not
teach
of
display
Nor does
visible
invention
lines
Mills
and
teach
also
that the
teaches
with
visible
portion
over Cohausz
unpatentable
and Takagi
such
hereinafter
are
being
fields
or
areas
the
paragraph
20 23
as
patent
sized
of
or
103a
paragraph
col
is
areas
paragraph
translation
visible
at
display
and
program
entire
areas
at
variably
elements
hand
Mills
sized
all
the
English
of
of
plurality
windows
at
U.S.C
the
that the
variable
region
view
the
claim
35
upon
variably
also
of
paragraph
the
during
to
at
application
under
rejected
visible
the
visible
is
corresponds
it
of
21 24
Al
window
teach
Takagi
25
are
are
in front
layer
teaches
field
19 22
appears
each
that
following
sized
further
584 392
the
indicator
window
private
As
teaches
always
region
EPO
11
Page
2773
Cohausz
in
08/821004
of
the
close
display
size
sizing
box
areas
of
the
28
the
first
first
at
window
Fig
are visible
window
and
both
at
at
cot
lines
002FH281
WI-AppIe000l
186
Number
Application/Control
Art Unit
as
of
the
in
claimed
claims
to
Claim
31
is
4885704
patent
that
shown
the
On
is
variable
claim
display
of
the
areas
display
col
been
obvious
window
display
region
of
the
to
of
or
some
Mills
with
are
visible
one of
as taught
function
being
does
window
ordinary
that
hereinafter
close
box
28
at
teach
skill
variably
ordinary
skill
in the
art
by Mills because
at
sized
time
the
the
gives
it
indicator
over
unpatentable
et al
Takagi
U.S
with
region
of
none
the
function
area
of
plurality
but
does
areas
are
202
display
not
displayed
teaches
not
is
5202961
patent
such
region
as taught
region
as
also
both
one of
to
U.S.C 103a
U.S
window
first
status
al
et
the
the
and
visible
Takagi
window
teaches
are
obvious
display
resizeable
is
that
of
to
et
31 Takagi
teach
been
first
the
35
Mills
lines
areas
Although
under
hand
other
are
have
of
size
region
displayed
the
at
view
window
are
all
the
rejected
in
Regarding
teach
would
it
vary
nor Takagi
how much and what
over
control
Cohausz
neither
invention
10
12
Page
2773
Although
user
08/821004
col
by Mills because
the
size
region
col
of
lines
at
so
window
the
that
or
of
none
all
or
region
the
portion
lines
that
in the
and
Fig
that
window
the
sizing
at
teach
Mills
the
art
it
window
at
the
gives
region
time
the
of
user
the
is
variably
invention
control
over
sized
to
would
it
vary
the
size
have
of
how much and what
the
to
area
002FH282
WI-AppIe000l
187
Number
Application/Control
Unit
Art
08/821004
Page
2773
Applicants
view
of
new wounds of
the
As
the
to
that
applicant
anolication
However
in
combined
with
teaches
first
programming
Scanner
window
that
teach
individual
Cohausz
does
and
teach
that
function
area
and
also
in function
File
but
are
moot
in
at
202
teaches
the
which
that
202
are
examiner
is
the
is
include
that
agrees
with
displayed
the
bar
status
agrees
region
is
reference which
obvious
invention
displayed
of
with
line
with
different
since
is
42
such
programs
col
line
14
application
of any
Cohausz
does
programs
that
applicant
independent
Taicagi
individual
different
to
when
from
separately
plurality
associated
with
associated
examiner
that
Takagi
and col
window
first
region
applicants
Figs
the
window
to
31 and Fig
found
teaches
area
modules
the
renders
The
Foster
30
lines
examiner
the
reference
programming
not
considered
program
first
For instance
still
201
F4
Cohausz
the
that the
col
with
window
Display
Printer
teach
Foster
reference
region
in
been
amended each claim
applicant
application
program
modules Fl
Regarding
not
nor
orogram
Cohausz
have
31
of any
independent
an update search
programs
application
as
the
11 15 25 26
application
to the
attached
claims
rejection
Cohausz
neither
from any
separately
is
region
to
respect
claims
independent
window
first
with
arguments
Arguments
to
Response
11
13
and
application
program
However
based
the
communication
examiner
which
disagrees
is
defined
with
as
applicant
passing
that
information
Cohausz
to the
does
not
module
teach
to
message
either
tell
it
what
002FH283
WI-AppIe000l
188
Number
ApplicationiControl
Art Unit
to
do
Page
14
2773
information
or to obtain
based
08/821004
communication
control
button
executes
the
information
he
since
which upon
being
module
to
module
the
teaches
tell
what
its
of
fields constitutes
into
do with
the
the
step
of
teaches
Cohausz
teaches
the
panel
area
program
executing
message-
control
associated
Thus
abstract
to
Cohausz
capabilities
these
branches
activated
it
and
each
that
function
proumm
associated
to the
about
or
or
passing
associated
program
function
Conclusion
12
amendment
Applicants
action
reminded
of
the
ACTION
THIS
Accordingly
extension
of
shortened
MONTHS
from
mailing
MONTHS
of
end of
the
time
statutory
the
will expire
on
CER 1.136a
however
final
the
the
mailing
necessitated
the
date
will
be
will the
the
calculated
statutory
period
from
the
is
mailed
mailing
for reply
expire
action
later
is
first
then
and any
of
MPEP
in this Office
presented
706.07a
Applicant
is
the
than
reply
is
is
fee
within
not
mailed
MONTHS
statutory
pursuant
action
advisory
TWO
filed
shortened
the
extension
SIX
THREE
set to expire
action
advisory
period
date
rejection
CFR 1.136a
event
the
of
See
37
final
and
statutory
action
in
In the
action
final
shortened
advisory
to this
action
this
of this
THREE-MONTH
set forth
for reply
of
date
new grounds
MADE FINAL
as
policy
period
date
IS
the
In
from
no
the
to
until after
period
37
event
date
of
this
action
Responses
13
Responses
to this action
should
be mailed to
Commissioner
of
Patents
and Trademarks
002FH284
WI-AppIe000l
189
Number
ApplicationlControl
Art Unit
Page
15
2773
D.C. 20231.
Washington
formal communications
Please
final
08/821004
or
703
305-9724
or
to fax
DRAFT
703
response
for informal
AFTER FINAL
label
please
desires
applicant
PROPOSED
label
responses
If
or draft
for informal
may be used
for
communications.
communications.
facsimile
PROCEDURE
EXPEDITED
or
308-9051
on
For
after
the
document.
Hand-delivered
VA.
Arlington.
should
responses
Sixth
Floor
be brought
to
Crystal
Park
2121
II
Drive
Crystal
Receptionist.
Inquiries
14.
Any
this
concerning
inquiry
dela
communication
Tone
whose
or earlier
should be
directed
examiner
number
can normally be reached on Mondays-Thursdays
to
from
Fridays
alternating
If attempts
Kim
Matthew
Any
Crescelle
dela
Art
830
reach
am
the
be reached
of
general
to the
Group
inquiry
directed
Patent
to
can
should be
Crescelle
to
telephone
from
is
703
am
830
from
the
The
305-9782.
400
to
pm
examiner
and on
300 pm.
examiner
at
communications
by telephone
703
or relating
the
unsuccessful
examiners
supervisor
305-3821.
nature
are
receptionist
whose
to the
status
telephone
of
this application
number
is
703
or
proceeding
305-3800.
Tone
Examiner
2773
Unit 2773
September
11 1998
Matthew
Supervisory
lechnoloqy
M.
Kim
Pttnt Examiner
uncf
2700
002FH285
WI-AppIe000l
190
No
Applicetion
Appiiants
Christencen
081821004
Notice
of References
Cited
Examiner
Group
Crce1Ie
U.S
DOCUMENT
NO
Art
Unit
2773
Delatorre
Page
of
DOCUMENTS
PATENT
NAME
DATE
CLASS
SUBCLASS
4862389
4885704
12/1989
Takeg
et
ci
345
4931957
6/1990
Takagi
ci
ci
345
5091868
211992
345
34
5.640498
6/1997
Chew
345
48C..yn
5678034
AJ
8/1989
10/1997
Chew
345
Takagi
__
5757371
5/1
998
Oran
POREIGN
DOCUMENT
NO
and
Drcd
Rev
ank
Including
Aatho
11Cc
168
34-
345
ci
DOCUMENTS
PATENT
NON-PATENT
Pwn
PTO.892
at
COUNTRY
DATE
DOCUMENT
345
Takagi
NAME
CLASB
SUBCLASS
DOCUMENTS
Serge
and
PerCnant
DATE
Paged
0nca
9-95
Notice
of
References
Cited
Part
ol
Paper
No
23
002FH286
WI-AppIe000l
191
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