Ex parte LEYERLE - Page 4




          Appeal No. 1997-1652                                                        
          Application 07/942,971                                                      


               Rubine's single hand marking gestures appear to be                     
          similar to appellant's disclosed single gesture type user                   
          action to change the format of an attribute of graphical                    
          object.  Rubine's teachings appear to focus on the ability of               
          his system to add new gestures to a system that is trainable                
          to recognize newly generated gestures.  If the gestures of                  
          Rubine are supposed to correspond to the graphical objects of               
          the disclosed and claimed invention, then the requirements of               
          the claims on appeal to change the format of an attribute of a              
          graphical object are not taught or suggested in the reference.              
          The term “attributes” is discussed in various contexts in                   
          Rubine, but not in the same sense as is claimed.                            
               Although it is difficult to discern what of Rubine                     
          comprises the graphical object, attribute of a graphical                    
          object and format of the attribute of the graphical object, we              
          and appellant agree that the reference does not teach or                    
          suggest within 35 U.S.C. §§ 102 or 103 the selection of a                   
          graphical object and/or an attribute of a graphical object and              
          selecting the format of the attribute of a graphical object to              
          thereby alter or change the selected attribute's format.                    


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