Ex parte ALTRIETH - Page 3




          Appeal No. 95-1661                                                          
          Application 07/976,913                                                      


               Claims 1 to 9 and 18 to 21 stand rejected under 35 U.S.C.              
          § 103.                                                                      
                                       OPINION                                        
               Succinctly stated, the examiner’s position at pages 4 and 7            
          of the answer indicates that the examiner considers the above-              
          noted portions of claims 1 and 18 to have been taught by the                
          reference.  For his part, appellant asserts at pages 5 and 9 of             
          the brief that the above-noted pertinent portions of independent            
          claims 1 and 18 are not taught by the reference relied upon.                
               Inasmuch as we generally agree with appellant’s assertions             
          with respect to claims 1 and 18, we reverse the outstanding                 
          rejection of independent claims 1 and 18 and, therefore, their              
          respective dependent claims.                                                
               As a study of the present application reveals, appellant’s             
          current invention is in essence an improvement over that which              
          has been disclosed in Jamali.  The pertinent portion of this                
          reference pertaining to the above quoted portions of independent            
          claims 1 and 18 is, as asserted by the examiner, column 5 of                
          Jamali’s patent.  At lines 30 through 47 of this column, the                
          following is taught:                                                        
                    The LCU via instructions provided by display 153                  
               requests that the operator indicate with use of a                      
               digitizing wand 194 associated with the digitizing                     
               tablet the position, relative to the registered corner                 
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