Ex Parte Haynes - Page 2




            Appeal No. 2005-1268                                                                             
            Application No. 10/044,728                                                                       

                   1.     A method in a data processing system for changing a pointer, the                   
                   method comprising:                                                                        
                         receiving a user input indicating that a pointing device was moved;                 
                         calculating a rate of movement for the pointing device;                             
                         comparing the rate of movement with a given threshold of speed;                     
                   and                                                                                       
                         automatically updating a presentation of the pointer based on the                   
                   given threshold of speed in response to receiving the user input, wherein a               
                   presentation of the pointer is altered if the rate of movement exceeds the                
                   given threshold of speed and wherein the presentation of the pointer is a                 
                   series of different changes in presentation based on the rate of movement                 
                   for the pointing device.                                                                  
                   The examiner relies on the following references:                                          
                   Heath et al. (Heath)            4,760,386                Jul. 26, 1988                    
                   Shinichiro1              JP 102 07441                    Aug. 07, 1998                    
                   Claims 1, 6, 8-11, 15, and 16 stand rejected under 35 U.S.C. §102 (b) as                  
            anticipated by Shinichiro.                                                                       
                   Claims 3, 5, 7, 13, 14, 17, and 18 stand rejected under 35 U.S.C. §103.  As               
            evidence of obviousness, the examiner offers Shinichiro with regard to claims 3, 5, and          
            7, adding Heath with regard to claims 13, 14, 17, and 18.                                        


                   Reference is made to the briefs and answer for the respective positions of                

                   1Our understanding of the Shinichiro reference is derived from an English translation     
            thereof, of record in this file, of which appellant has a copy (page 2 of the reply brief indicates
            that appellant has received a copy of the translation).                                          
                                                     2                                                       





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