Ex Parte SHIGEMATSU et al - Page 4




               Appeal No. 2004-1026                                                                      Page 4                  
               Application No. 09/028,480                                                                                        


                              a stroke length comparator comparing a length of the pen stroke                                    
                      with a reference length;                                                                                   
                              a text editor for editing the text according to an edit instruction                                
                      corresponding to the recognized reference stroke if the pen stroke is equal                                
                      to or longer than the reference length and storing coordinates in a display                                
                      memory of a position on said screen pointed to by said input pen if the pen                                
                      stroke is shorter than the reference length; and                                                           
                              a data processor for determining if an input pen stroke is located in                              
                      the first or second screen area according to detected pen-down                                             
                      coordinates on said screen where said input pen first made contact with                                    
                      said screen, inputting a pen stroke whose pen-down coordinates are                                         
                      located in the first area, and ignoring a pen stroke whose pen-down                                        
                      coordinates are located in the second area, wherein said text editor                                       
                      decides to edit text and performs editing when the detected pen-down                                       
                      coordinates are located in the first area for a stroke at least as long as the                             
                      reference length even if pen-up coordinates for the stroke on said screen                                  
                      where said input pen leaves contact with said screen are located in the                                    
                      second area, and wherein editing based upon pen stroke is not carried out                                  
                      when pen down coordinates for a pen stroke are in the second area, even                                    
                      when further inputs of the pen stroke are in the first area and a line of the                              
                      stroke is equal to or longer than the reference length.                                                    
                      Claims 9 and 19 stand rejected under 35 U.S.C. § 103(a) as obvious over U.S.                               
               Patent No. 5,231,698 ("Forcier") and U.S. Patent No. 5,252,951 ("Tannenbaum").2                                   






                      2The appellants "submit[] that the Examiner should have withdrawn the finality of                          
               the rejection upon making [an alleged] new ground of rejection."  (Supp. Reply Br. at 2.)                         
               Rather than by appeal to the Board of Patent Appeals and Interferences, however, such                             
               an issue should have been settled by petition to the Director of the U.S. Patent and                              
               Trademark Office.  See In re Hengehold, 440 F.2d 1395, 1403, 169 USPQ 473, 479                                    
               (CCPA 1971).                                                                                                      







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007