Ex parte FUJISAKI et al. - Page 7




          Appeal No. 95-4730                                                          
          Application No. 08/061,495                                                  

          Accordingly, one might argue that Tyburski is “merging” a                   
          first and second list to provide a third list by choosing                   
          either the result of the magnetic reader or the result of the               
          optical reader and finally selecting one of those results.  Of              
          course, one might also argue that there is no “merging,” as                 
          disclosed and claimed by appellants, in Tyburski because                    
          Tyburski chooses one, or no, result of two distinct character               
          input devices and never physically combines these results in                
          any manner.  In any event, we do not reach the question of                  
          whether Tyburski, in fact, teaches “merging,” as broadly                    
          claimed, because we find other claim limitations which are not              
          disclosed or suggested by the applied references.                           
               First, the two types of character recognition systems,                 
          besides being two distinct systems, detect the same static                  
          characteristics of printed characters.  Therefore, since both               
          the magnetic and optical character recognition devices of                   
          Tyburski function as static character recognition devices,                  
          there is no suggestion in Tyburski of combining lists                       
          comprised of both static stroke information and dynamic, or                 
          time ordered stroke information.  Thus, the question arises as              
          to why the skilled artisan would have employed such a teaching              

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