Appeal No. 96-1339
Application 08/089,433
determine the numerical value from the graph in Saito does not
meet the claim limitation for "numerical-value data" in
addition to a time-series order graph of that data.
"Numerical-value data" is data in the form of a numerical
value, not a point on a graph or a point along one of the
axes. Thus, to the extent the examiner relies on a broad
claim interpretation of claim 1 to read on Saito, we find such
interpretation unreasonable.
Third, the examiner states that "both representation of
list of [sic, and] graphical representation of time-series
data are well known and widely used in the art, therefore the
simultaneous displaying of such well known images is
considered as obvious and conventional to a person of ordinary
skill in the art" (EA3-4). Since simultaneous display is
appellants' argued invention, we require more than a mere
conclusory statement by the examiner that what appellants
claim would have been obvious. As evidence, the examiner
could have provided an example of simultaneous representation
of time-series order numerical-value data in list form and
graph form on the same page of paper, perhaps from an
elementary textbook, which would have taught that simultaneous
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