Appeal No. 1998-0669 Page 8
Application No. 08/507,194
Here, the figures cited by the examiner are ambiguous at
best. Figure 21C of Watanabe shows a display of a document
“to which line counters were added.” Col. 15, ll. 53-54. The
examiner does not allege, let alone show, that the document
was generated by dividing an image into different areas.
Figure 23 of the reference “shows an example of display
on the CRT 38 in the case where the cutting and inserting
function was executed.” Col. 17, ll. 24-26. By itself, the
figure possibly could be interpreted as teaching the cutting
and pasting of an image of a document. The examiner, however,
has not shown any evidence to support such an interpretation.
To the contrary, he does not deny the appellant’s assertion
that “known word processing programs have their cut and paste
operations operate
on characters which are represented by character codes, not
images.” (Reply Br. at 3.) Accordingly, it is possible, if
not probable, that Watanabe’s cutting and inserting function
also operates on character codes rather than on an image.
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