Appeal No. 1997-1383
Application No. 08/217,392
Rather, the test is what the combined teachings of the
references would have suggested to those of ordinary skill in
the art. In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881
(CCPA 1981).
The Examiner states "Nielsen does not explicitly define
means to control this area. At the time that the invention
was made, the patent to Levine et al. [would] have taught that
the miniature stackable as suggested in Nielsen could be
controlled by a keyboard or mouse (col. 1, lines 59-68)."
(Answer-page 4.) On page 6 of the Answer, the Examiner ties
Levine and Nielsen together with the following logic. "Levine
et al. suggest that the background of their invention is found
in [a] data retrieval system which would obviously be
associated with a data base . . . Nielsen, his text is
directed to navigating means for large information spaces. An
information space or hypertext is a data base." (Emphasis
added.)
Thus we note that the Examiner has presented reasons, at
various points, to combine the cited references. In addition,
we agree with the Examiner that the teachings of the
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