Ex parte JACOBS - Page 7




          Appeal No. 97-2886                                                          
          Application 08/441,493                                                      


          application in Windows, we agree with appellant that movement of            
          an icon using the "drag" mode in the "File Manager" application             
          is not along "a path defined by a predetermined plurality of                
          points..." as in appellant's claim 1 on appeal, but instead                 
          allows the selected icon to be "dragged" by the user along any              
          path he/she chooses.                                                        

          Moreover, we do not see how Cunningham in any way “clearly                  
          teach [sic] and bridges any gap between the game of Revelations             
          [sic] and known computer display manipulations,” as urged by the            
          examiner on page 8 of the answer.  Even if one would have gleaned           
          from Cunningham that arcade games played on a computer are known            
          to use “drag” features, as the examiner believes, we do not see             
          how this fact alone, or in combination with the “drag” mode in              
          the “File Manager” application of Windows, would have led one of            
          ordinary skill in the art to modify the previously know version             
          of the game of REVELATION™ in the manner urged by the examiner so           
          as to arrive at the particular apparatus set forth in appellant’s           
          claim 1 on appeal.  Again, we note that there is no teaching or             
          suggestion in the applied prior art of moving a character of an             
          anagram from its initial position in the unsolved area of the               



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