Ex parte ANDERSON - Page 7




          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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Last modified: November 3, 2007