Appeal No. 96-2372
Application 08/278,676
in claim 1 on appeal, associated with a pointer device and
positioned in a corresponding band which is curved similarly to
the curved band on the viewscreen "whereby the corresponding area
[sic, areas] can be traced easily without lifting the wrist and
the curved band [on the viewscreen] suggests to the user such a
motion."
In our view, it is only by using appellants' own
teachings and relying upon impermissible hindsight that one
versed in the art would have been able to achieve appellants'
claimed apparatus for interactive handling of objects on the
basis of the teachings and disclosure of Callahan. The Day
patent additionally relied upon by the examiner in the § 103
rejection of claims 5 through 8 and 12 through 14 adds nothing
which accounts for or supplies the deficiencies in Callahan as
noted above.
Since we perceive no factual basis in the prior art
relied upon which supports the examiner's rejections and have
thus determined that the examiner's stated conclusion of
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