Ex parte SHIMIZU et al. - Page 13




          Appeal No. 95-0175                                                          
          Application 07/894,147                                                      

          the thought that where a plurality of items are for selection in            
          connection with some object displayed on a screen, it would be              
          best to have a selection menu displayed not far and away from the           
          object, but in close proximity in relation thereto.  It would be            
          unreasonable to limit Hernandez’s teaching value to only non-               
          character type graphical objects which require on-screen editing.           
               We do not find that Hernandez constitutes nonanalogous art,            
          since its disclosure is reasonably pertinent to the problem with            
          which the appellants were involved, i.e., frequent turning of the           
          eyes and moving of the stylus away from the point of interest on            
          a screen, albeit in the context of character entry.  Also, the              
          test for obviousness is not whether the features of one reference           
          may be bodily incorporated into another reference, but whether              
          the combined teachings render the claimed subject matter obvious.           
          In re Wood, 599 F.2d 1032, 1036, 202 USPQ 171, 174 (CCPA 1979).             
               Secondly, while Hernandez does not expressly state that the            
          menu can be displayed to abut any particular object, we think it            
          is the natural and next logical step in keeping with the                    
          teachings of Hernandez.  Note that in Hernandez the object to be            
          acted on is not selected until after the editing function has               
          been selected.  Thus, it is not possible to place the editing               
          function menu in an abutting relationship to the object to be               


                                          13                                          





Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next 

Last modified: November 3, 2007