Ex parte VENABLE et al. - Page 12




          Appeal No. 1998-1389                                      Page 12           
          Application No. 08/553232                                                   

          combination, citing ACS Hospital Systems, Inc. v. Montefiore                
          Hospital, 732 F.2d 1572, 1577, 221 USPQ 929, 933 (Fed. Cir.                 
          1984).  Appellants note (brief, pages 8 and 9) that Brotsky is              
          directed to a graphics editor that uses an ACG for a user                   
          interface.  The interface separates the nodes according to                  
          their function.  This permits the graphic image to be                       
          constructed in a straightforward manner that is easily                      
          understood and manipulated by a user, and prevents confusion                
          between the effects of the individual nodes on the output                   
          image. Appellants take the position (brief, page 8) that to                 
          modify the viewer window of Brotsky by incorporating the                    
          layout image attributes of Smith would destroy the intended                 
          purpose of the graphics editor of Brotsky, and (brief, page                 
          10) would be impermissible hindsight.  Appellants assert                    
          (brief, pages 10 and 11) that the field of appellants'                      
          endeavor is image composition.  According to appellants, Smith              
          is directed to a document management and production system                  
          that is concerned with the layout of objects within a                       
          document, such as a newspaper.  Smith "does not teach editing,              
          constructing, or manipulating images in any way."  Therefore,               










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