Ex Parte HUDSON et al - Page 6




          Appeal No. 2002-0042                                                        
          Application 08/211,971                                                      



                    The paragraph in the Answer that deals with the                   
               first issue states that claims 41-44 "do not even                      
               recite the 'mutually exclusive' feature."  While these                 
               claims do not contain the explicit term "mutually                      
               exclusive," they still recite the distinguishing                       
               feature of the invention that was argued by Appellants.                
               For instance, claim 41 recites a method of facilitating                
               structured communications between a plurality of                       
               persons.  The method includes the step of using at                     
               least one computer "to form a common image on at least                 
               one display means simultaneously observable by each of                 
               said persons...."  The claim further recites that "data                
               input from anyone of said input devices is displayed in                
               a dedicated display area of said common image                          
               associated with said one input device."  The Nakayama                  
               et al patent does not disclose such a dedicated display                
               area that is associated with an input device and is                    
               observable by each of the plurality of persons in a                    
               common image.  The common image that is viewable by all                
               participants in the system of the Nakayama et al                       
               patent, namely the window A50, B50, does not include                   
               dedicated areas.  Rather, the entire area of the window                
               can be shared by all of the users.                                     
               It is thus apparent to us that the examiner has not fully              
          come to grips with all of the limitations of each of the                    
          independent claims on appeal.  Nakayama also does not teach                 
          within 35 U.S.C. § 102 all features required of each independent            
          claim on appeal leading us to reverse the rejection of each of              














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