Appeal No. 1997-4352
Application No. 08/422,689
does indicate generalities as to capabilities, such as “true
shape interpolation” (tweening), “Optics, Tween, Inks, Tools,
Frames, Anim cel, Palette, and Titling,” “pathing” which “can
include spins, size changes, closed polygons, and variable
speeds,” a “clocked path” which “not only notes the direction
of your mouse movement but the speed as well,” using “both the
shape and the timing to render the effect--in the process
creating naturalistic movement” and creating by “using all of
the functions simultaneously,” we find that the examiner has
failed to persuasively relate these various features disclosed
by Simone as being part of the “Autodesk Animator” to the
instant claimed steps and elements. While many of the
features relied on by the examiner may, indeed, relate,
somewhat, to claimed elements and steps, we find the
examiner’s reasoning to be too speculative to sustain a
rejection under 35 U.S.C. 103 based thereon.
A rejection under 35 U.S.C. § 103 may not be based on
mere speculation. If the examiner intends to reject the
instant claims based on the “Autodesk Animator,” the examiner
should obtain the best evidence, in this case the best
evidence being some document, such as the operator’s manual,
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