Ex parte LUCAS et al. - Page 14




          Appeal No. 1997-2896                                                        
          Application 08/340,561                                                      


          segments overlap,” to mean that the ends of each adjacent line              
          segment represent the path of the stylus overlap.                           
               Having determined the scope of claim 2, we next turn to                
          the rejection of claim 2 under 35 U.S.C. § 102 as being                     
          unpatentable over Memarzadeh.  We find that the Examiner has                
          failed to show that each of the limitations of claim 2 is                   
          anticipated by the prior art.  As stated above, we find that                
          Memarzadeh fails to teach drawing line segments and                         
          overlapping the ends of each adjacent line segment as claimed.              
          We acknowledge that the sections of Memarzadeh addressed by                 
          the Examiner can be construed as showing overlap of line                    
          segments.  However, we find that the scope of the claim is                  
          such that all adjacent line segments overlap, and as                        
          Appellants point out on page 6 of the brief there are also                  
          examples where the line segments do not overlap.  Thus, we                  
          will not sustain the rejection of claim 2 under 35 U.S.C.                   
          § 102.  Claims 4 through 17 depend upon claim 2, and,                       
          accordingly, the rejection of these claims will not be                      
          sustained because the additionally cited art does not cure the              
          noted deficiencies in the teachings of Memarzadeh.                          


                                         14                                           





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007