Appeal No. 2004-1764 Page 7
Application No. 08/704,400
of the reference cited by the examiner explains that "[f]or an accelerating cursor," p. 5, "
the cursor speed is arranged to increase in time." P. 6. "When this is done, the ramp
voltage in the region B in FIG. 2 will be quadratic." Id.
The examiner equates "an arbitrary point," (Examiner's Answer at 13), in
Region B of the Figure to the claimed point at which "the first speed range becomes the
second speed range." (Id.) We are unpersuaded that such an arbitrary point, however,
is "predetermined." To the contrary, we agree with the appellants that the arbitrary point
"is not predetermined because its value depends upon the actual depression time."
(Appeal Br. at 11.) More specifically, it "is dynamically calculated during the depression
of [Levine's] cursor button 1 with a final calculated value occurring upon a release of
cursor button 1." (Id. at 10.)
The absence of displacing a cursor within a range of speed during a
predetermined interval of time and, after the predetermined interval has elapsed,
displacing the cursor within a faster range of speed negates anticipation. Therefore, we
reverse the anticipation rejection of claim 34; of claims 35-39, which depend therefrom;
of claim 40; and of claims 41-43, which depend therefrom.
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