Ex parte MULLER et al. - Page 3




              Appeal No. 96-3563                                                                                           
              Application No. 08/249,079                                                                                   


                  means for managing said sensitive surface according to a second operating mode                           
                     subsequent to said selecting operation using means for determining the                                
                     displacement of the object between two successive positions on said sensitive                         
                     surface,                                                                                              
                  means for computing a new value of the variable displayed on a previously selected                       
                     display element as a function of a current value of said variable and of the                          
                     determined displacement of said object on said sensitive surface, and                                 
                  means for displaying said new value on said previously selected display element.                         
                  The prior art references of record relied upon by the examiner in rejecting the appealed                 
              claims are:                                                                                                  
              Auer et al. (Auer)                                 4,725,694                   Feb. 16, 1988                 
              Noto et al. (Noto)                                 4,885,580                   Dec.   5, 1989                
              Akatsuka et al. (Akatsuka)                         5,047,754                   Sep. 10, 1991                 
              Fukushima                                          5,295,062                   Mar. 15, 1994                 
                                                                                       (filed Jan. 18, 1991)               
                     Claim 7 stands rejected under 35 U.S.C. § 112, second paragraph as being                              
              unpatentable for failing to particularly point out and distinctly claim the invention.   Claims 1-           
              8 stand rejected under 35 U.S.C. § 103 as being unpatentable over Akatsuka in view of                        
              Noto.  Claim 9 stands rejected under 35 U.S.C. § 103 as being unpatentable over                              
              Akatsuka in view of Fukushima and Auer.                                                                      
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and the                     
              appellants regarding the above-noted rejections, we make reference to the examiner's                         
              answer (Paper No. 27, mailed Jan. 17, 1996) for the examiner's complete reasoning in                         



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