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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Already done - back in the 70s | 170 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Not impossible - or is it.
Authored by: dio gratia on Saturday, July 14 2012 @ 07:51 PM EDT
Shouldn't that be enabled in the Description, or prior art references?

From the '652 patent Summary of Invention: "..but in an unobtrusive manner
that does not distract the user from the primary interaction with the apparatus
(e.g., the information is presented in areas of a display screen that are not
used by displayed information associated with the primary interaction with the
apparatus)".


The defendants missed a bet. There is also no definition of "primary
interaction with the apparatus", either.

The primary interaction with a computer using a screen is typically a window
manager. Please point out part of the screen not associated with the window
manager. The given example appears to be invalid and there doesn't appears to
be any further examples.

Can we take it the defendants have searched prior art references? There don't
appear to be any 'art' references to define what does not distract a user from a
primary interaction. (They could try using the same background and foreground
colors for any messages they are trying to present, I wouldn't find that
distracting or obtrusive while any thing else would be, and that is a subjective
qualification).

You might think that even falling back on dictionary meaning of unobtrusive and
distract, that the Description and referenced prior art lacks enablement. The
patent doesn't teach how to be unobtrusive or not to distract.

The effect would be to demonstrate lack of enablement for every claim in which
necessary claim elements depend on "in an unobtrusive manner that does not
distract a user of the apparatus from a primary interaction with the
apparatus".

It's hard to imagine these flaws will survive a Markman process. How can
someone tell when they are practicing the 'invention' claims with subjective
terms?

[ Reply to This | Parent | # ]

Already done - back in the 70s
Authored by: artp on Saturday, July 14 2012 @ 07:57 PM EDT
A lot of research was done on just that topic for use in
Distributed Control Systems.

It is very handy to know which alarms are critical to be
addressed RIGHT NOW! and which ones can be put in the queue,
or are secondary alarms that will clear themselves when the
primary alarm is taken care of.

See Honeywell, Foxboro, Fisher Controls.

---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?

[ Reply to This | Parent | # ]

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