Ex parte HAYNES - Page 5




               Appeal No. 95-3744                                                                                                     
               Application 08/084,838                                                                                                 


               beyond the viewport boundary determines the speed at which the world-plane image will be                               
               panned [column 1, line 64 to column 2, line 5].  Steele teaches a graphical user interface in which                    
               a dragged icon will be returned to its “home” position when it has been moved a small distance                         
               with respect to its size [column 9, lines 6-10].                                                                       
               Appellant argues that Yanker’s cursor 50 is not part of the viewport, and the Yanker cursor                            
               does not have a home position [brief, page 5].  The examiner responds that the entire viewport 40                      
               is considered to be the claimed home position, and that this interpretation meets the language of                      
               claim 1.  Although we can agree with the examiner that Yanker can be interpreted in this manner,                       
               such interpretation does not suggest the claimed invention.                                                            
               Claim 1 recites that the scroll direction must be in the same composite direction that the                             
               object is moved.  Regardless of the direction in which the cursor 50 of Yanker is moved outside                        
               the viewport 40 or home area, the pan occurs in either a horizontal direction or a vertical                            
               direction depending on which boundary is closest to the cursor.  The examiner has belatedly                            
               argued that if the Yanker cursor were moved at a diagonal outside a corner of its home viewport,                       
               it would cause scrolling both in a horizontal and vertical direction [answer, page 8].  We are                         
               unable to find any support in Yanker for this assertion of the examiner.  Yanker only desribes                         
               panning in a single direction toward the closest boundary.  While in theory a movement of cursor                       
               50 at a 45 degree angle away from one of the viewport corners would make two boundaries                                
               equally close, Yanker never suggests this as a possibility.  The examiner’s position is pure                           
               speculation based on trying to achieve in hindsight what appellant has done.  Thus, Yanker does                        
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