Ex parte SHINOTSUKA et al. - Page 18




          Appeal No. 1997-1665                                      Page 18           
          Application No. 08/289,134                                                  


          obvious over Capps in view of Shojima.  Next, we address                    
          claims 3-5.                                                                 
                                                                                     
                                     Claims 3-5                                       
               The appellants argue that "the prior art references fail               
          to teach or suggest" the features of claims 3-5.  (Appeal Br.               
          at 15.)  Claim 3-5 each specifies in pertinent part the                     
          following limitations: "a plurality of line segments are                    
          displayed, and said operation serves to designate an                        
          intersecting angle between at least two line segments, said                 
          command rearranging at least                                                
          said two line segments at a predetermined angle for                         
          representation."  Accordingly, the limitations require                      
          rearranging line segments at a predetermined angle.                         


               The examiner fails to show a suggestion of the                         
          limitations in the prior art.  He admits, "CAPPS is silent                  
          about rearranging various line segments at a preselected angle              
          ...."  (Examiner's Answer at 6.)  Faced with this silence, the              
          examiner alleges, "Shojima, however discloses a plurality of                
          line segments being displayed (figure 10 (a)-(d)), rearranging              







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