Ex parte LIPP - Page 6




          Appeal No. 97-1504                                                          
          Application No. 08/400,190                                                  


          a method in which scrolling is started by a short duration                  
          activation of a multifunction switch and continues until                    
          another short duration activation of that switch is made,                   
          Wagai starts the scrolling by activating and holding the                    
          multifunction switch in the activated position, and stops it                
          by releasing the switch.                                                    
               The examiner deals with the above-noted insufficiency in               
          Wagai in three ways.  First, the examiner asserts that the                  
          claimed method would have been obvious “because Wagai et al.                
          et al. [sic] suggests manual, or sequential and automatic                   
          free-running displaying of the messages, or both with the                   
          activation of a switch” (Answer, page 4).  However, the issue               
          is whether Wagai teaches the method of recited in the claims,               
          in which certain manners of operating a single switch result                
          in a particular modes of message display.  The fact is that                 
          while the methods of both the appellant’s invention and Wagai               
          utilize a single switch to initiate two different modes of                  
          message display, they do not accomplish this by the same                    
          steps.  The second assertion by the examiner has to do with                 
          switching “typically used in automatically programming VCR’s”               
          (Answer, page 4).  Even if we were able to fully understand                 
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