Ex parte MCPHETERS - Page 8




          Appeal No. 1998-0929                                                        
          Application 08/469,770                                                      


          impermissible speculation, conjecture and hindsight; 2)                     
          appellant argues that Dainippon has no teaching or suggestion               
          of controlling electronic devices from a holographic input                  
          image; 3) appellant argues that Dainippon has no teaching as                
          to how or why a conventional control could or should be                     
          replaced by a holographic display as claimed; and 4) appellant              
          argues that the applied prior art fails to teach or suggest                 
          the actuation detector as claimed [brief, pages 16-25].                     
          After a careful consideration of the record in this                         
          case, we agree with the conclusion reached by the examiner.                 
          Appellant’s arguments are not convincing.  Dainippon is                     
          clearly directed to the replacement of a touch panel input                  
          with a holographic image input [translation, pages 2 and 3].                
          Dainippon also clearly teaches that the position of a user’s                
          finger within the holographic image is judged, and that this                
          information is inputted into a control device such as a                     
          computer [id., pages 4 and 5].  Thus, Dainippon clearly                     
          teaches the generation of some holographic image which is                   
          “touched” by an operator, and the location of the touch is                  
          sent to a computer as input data.  The key question is whether              


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