Ex parte SHIMIZU et al. - Page 19




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

          most frequently used tutorial control function is listed first              
          and the function which is seldomly used is listed last.  In                 
          column 5, lines 19-24, it is stated:                                        
                    EXAMPLES: By clicking on a pull-down menu item,                   
               users could rate how often they need to use that menu                  
               choice.  A high rating would cause the menu to                         
               rearrange itself so that it appears first on the pull-                 
               down menu.  A lower rating would cause the item to                     
               appear later in the menu list.                                         
               The appellants correctly state that it is not seen why one             
          of ordinary skill in the art would combine Kaplan’s tutorial                
          device with the remaining references.  That Kaplan teaches a                
          hierarchy of display based on the anticipated frequency of use of           
          tutorial functions such as page forward, page backward, more                
          information, undo, delete, and quit, would not have reasonably              
          suggested a hierarchy of display of candidate characters based on           
          similarity in appearance with respect to inputted handwritten               
          characters.  Extending Kaplan’s ideas to cover character                    
          recognition systems such that candidate characters are listed in            
          order of similarity to the inscribed handwritten character                  
          involves use of improper hindsight in light of the appellants’              
          own specification.  The connection between anticipated frequency            
          of use and similarity in appearance to input character is too far           
          stretched and remote to support a conclusion of obviousness.                


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