Appeal No. 1997-4438
Application No. 08/173,431
Freeman 4,507,680 Mar. 26,
1985
“Seybold San Francisco ‘92: A Progress Report,” Seybold Report
on Desktop Publishing, Vol. 7, No. 3, November 2, 1992,
(hereinafter “Seybold”)
Boisseau, “Artist bringing unique computerized novel to
market,” Houston Chronicle, October 5, 1992, pp. 1B and 4B,
(hereinafter “Boisseau”)
“Interactive Movie Takes Top Honors at Quicktime Film
Festival,” Hyperbole Studios Press Release, June 3, 1992,
(hereinafter “Hyperbole”)
Claims 1, 2, 4-13, and 20 stand rejected under 35 U.S.C.
§ 102(b) based upon public use or sale of the invention as
evidenced by appellant’s admission (Specification, page 12,
lines 27 and 28), and the Seybold, Boisseau, and Hyperbole
publications.
Claims 1, 2, 4-11, and 20 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by Hyperbole.
Claims 12 and 13 stand rejected under 35 U.S.C. § 102(b)
or, in the alternative, under 35 U.S.C. § 103 as being
unpatentable over Hyperbole in view of statements made by
appellant in an amendment (paper number 4).
Claims 14-16 stand rejected under 35 U.S.C. § 103 as
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