Ex Parte CHARNESKI - Page 7



          Appeal No. 1997-1131                                                        
          Application No. 08/395,119                                                  

          Cir. 1992).  Since, in our view, the Examiner’s line of reasoning           
          does not establish a prima facie case of motivation, the                    
          Examiner’s 35 U.S.C. § 103 rejection of claims 19 and 20 is not             
          sustained.                                                                  
                         Rejection under 37 CFR § 1.196(b)                            
               We make the following new ground of rejection using our                                                                     
          authority under 37 CFR § 1.196(b) relying on the following prior            
          art:                                                                        
          Stano et al. (Stano)          4,797,864           Jan. 10, 1989             
               Claim 1 is rejected under 35 U.S.C. § 102(b) as being                  
          anticipated by Stano.  Stano illustrates in the upper right                 
          portion of Figure 3 a seven segment display in which the display            
          elements can be selectively illuminated to form various digits as           
          described in the accompanying description at column 7, line 53              
          through column 8, line 32.  All of the limitations of Appellant’s           
          claim 1 are disclosed by Stano since elements 212 and 210 form a            
          first box and elements 214 and 216 form a second box, each with             
          border defining elements.  As described in the above referenced             
          portion of Stano, the display elements are selectively                      
          illuminated or darkened to jointly define and form digits.  For             
          example, if all of the elements are illuminated, the numeral “8"            

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