Ex parte GEAGHAN - Page 7




          Appeal No. 1997-0412                                                        
          Application No. 08/434,558                                                  


          1324, 1326, 231 USPQ 136, 138 (Fed. Cir. 1986); Lindemann                   
          Maschinenfabrik [GMBH] v. American Hoist and Derrick [Co.],                 
          730 F.2d 1452, 1457, 221 USPQ 481, 485 (Fed. Cir. 1984).  As                
          pointed out by appellant (Brief, page 21), "[t]he stylus                    
          described in Rympalski does not 'generate positioning signals'              
          as claimed by applicant, as it is an independent, passive                   
          component."  Rympalski's stylus capacitively couples X-Y pairs              
          of adjacent transparent conductive regions but does not                     
          generate any signal in the stylus.  The examiner's reply                    
          (Answer, page 5) refers to Rympalski's recitation in the                    
          abstract that "the energization of the display pixels is                    
          multiplexed with the read-out scanning" and concludes that                  
          "[t]his real time read-out and energization superimpose                     
          signals to get the desired result."  However, the examiner's                
          statements concerning multiplexing and superimposition of                   
          signals do not respond to appellant's assertion that                        
          Rympalski's signals are not generated in the stylus.  As the                
          examiner fails to point to any portion of Rympalski indicating              
          that the signals are generated in the stylus, we must reverse               
          the rejection of claims 18 and 20 over Rympalski.                           


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