Appeal No. 96-3093
Application 08/046,880
argue that the applied prior art, individually or in
combination, does not teach the feature of highlighting only
selected ones of the fourth set of options depending on the
selections made from the second and the third sets of options.
[Brief, pages 4 to 6].
The Examiner responds that, in Crandall, the equivalent
"second and third sets of options" are the touchable boxes
(column 7, lines 30 to 34) of the calendar 502 wherein the
invisible/indistinctable (e.g., black background) icon is
activated only when at least one of these boxes is selected.
[Answer, page 4]. The Examiner also contends that "Crandall
teaches a calendar display system in which when a certain
specific icon (e.g., date box 504) has been selected, . . .
features in the selected icon are highlighted (column 7, lines
39 to 43)" [Answer, page 4].
In rejecting claims under 35 U.S.C. § 103, it is
incumbent upon the examiner to establish a factual basis to
support the legal conclusion of obviousness. See In re Fine,
837 F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). In
so doing, the examiner is expected to make the factual
determinations set forth in Graham v. John Deere Co., 383 U.S.
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