Ex parte JACOBS - Page 11




          Appeal No. 97-2886                                                          
          Application 08/441,493                                                      


          final position, and "indicator means for directing the attention            
          of players of said game to a selected one of said unsolved areas            
          before a player guesses the solution of the anagram in said                 
          unsolved area." Page 6, lines 19-25, of appellant's specification           
          discusses the indicator means and notes that in the disclosed               
          anagram game such indicator means allows everyone to focus their            
          attention on the area of the game board where movement of                   
          characters will take place in the then immediate future.                    

          In rejecting claim 12 under 35 U.S.C. § 103, the examiner                   
          has urged (answer, page 6) that highlighting features are old to            
          direct image manipulations.  In this regard, the examiner                   
          suggests that we note any Windows application where an icon is              
          highlighted upon being selected prior to any manipulation.  While           
          it is certainly true that highlighting features in computer                 
          systems of the type referred to by the examiner are known, we are           
          of the opinion that the proposed combination of such known                  
          highlighting features with the previously known anagram game of             
          REVELATION™ in the particular manner now posited by the examiner            
          so as to arrive at the apparatus required in appellant’s claim 12           
          on appeal is based on impermissible hindsight derived from                  



                                          11                                          





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007