Appeal No. 1998-1388 Page 8
Application No. 08/357,678
“a Viewable Object Processor that allows a user to manipulate
a viewable object by using only cursor events, said cursor
events being generated when a position identifier is moved
into a specialized region via a specialized path ....” In
short, the claims each recite moving a position identifier
into a specialized region on a display screen via a
specialized path.
The examiner fails to show a suggestion of the claimed
limitations in the prior art. “The Patent Office has the
initial duty of supplying the factual basis for its rejection.
It may not ... resort to speculation, unfounded assumptions or
hindsight reconstruction to supply deficiencies in its factual
basis.”
In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA
1967).
It is true that the passage of Goldman relied on by the
examiner teaches moving a position identifier into a
specialized region on a display screen. Specifically, “an
event may occur when the cursor enters a predefined region
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