Ex parte GEAGHAN - Page 9




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


          is not a stylus in which positioning signals are generated, as              
          recited in claim 18.  Piliavin instead discloses that the                   
          display elements sense a change in capacitance caused by the                
          operator's proximity to the display elements.  In other words,              
          Piliavin suffers from the same deficiency as Rympalski.                     
          Accordingly, we must reverse the anticipation rejection of                  
          claims 18, 20, 21, and 28 over Piliavin.                                    
               Lastly, the examiner contends that More anticipates                    
          claims 18, 20, 21, and 28.  In More (column 12, lines 30-35),               
          however,                                                                    
               the terminuses of the display matrix electrodes are                    
               alternately switched between: pen sense control                        
               means 2 for sensing the presence or sufficient                         
               proximity of the input pen 3; and the display                          
               control means 11 for operating the display elements                    
               to an "on" or "off" state.                                             
          More discloses substantially the same in column 13, lines 18-               
          21, and column 15, lines 49-55.  In other words, More                       
          "alternates use of the electrodes between the display and                   
          position-sense functions and does not superimpose the position              
          and display signals" (Brief, pages 17-18).  Thus, More fails                
          to anticipate the claims for the same reasons as Togashi.                   




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