Ex parte MULLER et al. - Page 6




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


              . . as a function of a current value of said variable and of the determined displacement of                  
              said object on said sensitive surface.”  Appellants argue that the combination of teachings                  
              does not teach the use of a second mode and use of displacement to compute a new                             
              variable value.  (See brief at page 12.)   Clearly, the selection of a sub-portion of the                    
              display as taught by Akatsuka would not require the use of “displacement.”  The examiner                     
              does not address these limitations further regarding the teachings of Noto.  Nor has the                     
              examiner addressed these limitations with respect to Auer and Fukushima.  We do find                         
              that the examiner has not set forth a prima facie case of obviousness with respect to                        
              claims 1-9.  Therefore, we will not sustain the rejection of claims 1-9 under 35 U.S.C. §                    
              103.                                                                                                         
                                                     CONCLUSION                                                            

                     To summarize, the decision of the examiner to reject claim 1-9 under 35 U.S.C. §                      
              103 is reversed and the decision of the examiner to reject claim 7 under 35 U.S.C. § 112,                    
              second paragraph, is affirmed.  The decision of the examiner is affirmed-in-part.                            












                                                            6                                                              





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007