Appeal No. 2004-1026 Page 9
Application No. 09/028,480
Merck, 800 F.2d, 1091, 1097, 231 USPQ 375, 380 (Fed. Cir. 1986) (citing In re Keller,
642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981)). "'Rather, the test is what the
combined teachings of the references would have suggested to those of ordinary skill in
the art.'" Cable Elec. Prods., Inc. v. Genmark, Inc., 770 F.2d 1015, 1025, 226 USPQ
881, 886-87 (Fed. Cir. 1985) (quoting Keller, 642 F.2d at 425, 208 USPQ at 881).
Here, the rejection is based on the combination of Forcier and Tannenbaum. For
its part, Forcier "relates generally to pen-based computer systems and more particularly
to an interactive method for entry and editing of script, text and drawings in a document
display." Col. 1, ll. 7-10. "[A] notebook sized computer 20 [features] integrated display
and digitizer 2 that is responsive to a pen (stylus) 24. . . ." Col. 6, ll. 61-63. "FIG. 7
shows a document display screen 30," col. 7, l. 35, of the integrated display and
digitizer.
"The document display 30 itself includes a top display margin, bounded by a pair
of closely-spaced lines, containing title and command or menu lines. All actions in
these areas are treated as commands and do not result in the entry of script." Col. 24,
l. 67 - col. 25, l. 25. Because such actions do not result in the entry of script, we find
that if the pen is put down in this command area of the display, gesture-based editing is
prevented.
"Below the double line is the display document itself, which is organized in
pages." Col. 25, ll. 6-7. "Free-form gestures occurring within [this] gesture sensitive
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