Ex parte LOWE et al. - Page 4




          Appeal No. 96-1472                                                          
          Application No. 08/287,070                                                  


          2, lines 17 through 20).  One light beam is produced by                     
          semireflecting mirror 4, mirror 5 and mirror 7.  The other                  
          light beam is produced by semireflecting mirror 4 and mirror                
          6.  When the light beams fall on pointer 2, the light beams                 
          are reflected back through mirrors 6 and 7 where they impinge               
          light receivers 14 and 15, respectively (column 3, lines 1                  
          through 8).  A computer uses the outputs from the light                     
          receivers to determine the Cartesian coordinates (X and Y) of               
          the pointer (column 3, lines 11 through 15.                                 
               The examiner acknowledges that Cooreman "does not                      
          explicitly disclose a shutter," but "suggests (col. 3, lines                
          52-55) that any means for scanning can be used in his device"               
          (Answer, page 3).  The examiner is of the opinion (Answer,                  
          page 3) that:                                                               
                    At the time that the invention was made, Okisu                    
               et al had shown that a shutter (col. 9, lines 4-12)                    
               can be used as a scanner.  One of ordinary skill in                    
               the art having Okisu et al would have been motivated                   
               to eliminate moving parts in Cooreman by using the                     
               shutter teaching in Okisu et al.                                       
               Appellants argue (Brief, pages 4 and 5) that:                          
               There is no way to combine the inventions [in the                      
               references] either individually or taken                               
               collectively to produce the present invention as                       
               claimed.  First, the Cooreman device does not teach                    
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