Ex Parte Dahl - Page 14




                 Appeal No. 2005-2268                                                                                 Page 14                     
                 Application No. 09/976,683                                                                                                       



                 promotional images that occupy White's entire display area.  Therefore, we affirm the                                            
                 rejection of claim 1 and of claims 2, 4-7, and 9, which fall therewith.1                                                         


                                                        B. CLAIMS 8, 10, 11, AND 13                                                               
                         The examiner correctly finds, "White et al. teaches of method of using an                                                
                 electronic display both as an electronic billboard and as a display for an interactive                                           
                 terminal, figure 4, column 8 Iines 3-27. . . ."  (Examiner's Answer at  6.)  He further                                          
                 correctly finds, "[t]he device of Rantze switches between various mode of operation                                              
                 based on . . . sensed motion. . . ."  (Id. at 7.)  The appellant argues, "[w]hile Rantz [sic]                                    
                 contemplates some change in mode, there is no suggestion of a change in the display                                              
                 in different areas of a screen."  (Appeal Br. at 5.)                                                                             


                                                           1. Claim Construction                                                                  
                         Claim 8 recites in pertinent part the following limitations: "a motion-proximity                                         
                 detector generating a signal upon approach of a passerby to a predetermined                                                      
                 closeness, said computer responsive thereto to switch between said modes of display                                              
                 to modify a display image normally exhibited by said electronic display."  Giving the                                            


                         1We have not overlooked the appellant's argument to the effect that White does                                           
                 not expressly describe a display having a width of 42-inches.  Relying on Ito's 42-inch                                          
                 display, however, the examiner had a complete response.                                                                          







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