Ex parte BANERJEE et al. - Page 8




                 Appeal No. 1998-0943                                                                                                                   
                 Application No. 08/300,500                                                                                                             


                 provided by the location of the “touch” on the screen.  We                                                                             
                 further point to the example provided at column 8, lines 10-20                                                                         
                 in McCain in which the display of operating parameters of a                                                                            
                 “touched” part of displayed diagram of a process would serve                                                                           
                 as an acknowledgment to the user of the location (position) of                                                                         
                 the “touch”.                                                                                                                           
                          For the reasons discussed above, we sustain the                                                                                                                            
                 Examiner’s rejection of independent claim 1 as being                                                                                   
                 anticipated by the disclosure of McCain.3                                                                                              
                          Turning to a consideration of the Examiner’s 35 U.S.C.                                                                        
                  102(e) rejection of independent claims 6 and 11 as being                                                                             
                 anticipated by McCain, we sustain the rejection of these                                                                               
                 claims as well.  The limitations of claims 6 and 11 are                                                                                
                 directed to the wireless transfer of positional information                                                                            
                 from the hand-held interface device to the host computer with                                                                          

                          3The use of a dictionary definition of a standard                                                                             
                 reference work cited to support a fact judicially noticed is                                                                           
                 not considered a new ground of rejection.  In re Boon, 439 F.                                                                          
                 2d 724, 7227, 169 USPQ 231, 234 (CCPA 1971).  With respect to                                                                          
                 the Weiser publication discussed by the Examiner in the                                                                                
                 “Response to argument” portion of the Answer, we, along with                                                                           
                 Appellants, are puzzled as to the relevance attributed to this                                                                         
                 reference by the Examiner.  Since we find, however, that                                                                               
                 McCain discloses all of the limitations of appealed claim 1,                                                                           
                 any discussion of the merits of Weiser is moot.                                                                                        
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