Ex parte SHINOTSUKA et al. - Page 21




          Appeal No. 1997-1665                                      Page 21           
          Application No. 08/289,134                                                  


               The examiner fails to show a suggestion of the                         
          limitations in the prior art.  He admits, "CAPPS and Shojima                
          fails to disclose operation means to cause two line segments                
          to intersect (claim 6), arrange on straight lines (claim 7),                
          arrange in parallel (claim 8) ...."  (Examiner's Answer at 7.)              
          Faced with this failure, the examiner alleges, "Agulnick                    
          however, disclose such operations being performed by a graphic              
          recognizing system wherein plurality of line segments are                   
          being displayed and at least two of the line segments are                   
          rearranged on a common straight line, rearranged on a [sic]                 
          two common straight lines, parallel to each other (figure 42,               
          elements 895 and 900 and column 10, lines 1-31)."  (Id.)                    


               The reference, however, does not support the allegation.               
          The section of Agulnick on which the examiner relies teaches                
          moving a paragraph to another location.  Col. 10, ll. 30-31.                
          There is no suggestion of rearranging lines in any way, let                 
          alone to align end points on a common straight line or to be                
          parallel.  In view of this deficiency, we are not persuaded                 
          that teachings from the prior art would have suggested the                  
          limitations of "a plurality of line segments are displayed on               







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