Appeal No. 1998-2720
Application 08/352,730
the recited functional limitations. RCA Corp. v. Applied
Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385,
388 (Fed. Cir.); cert. dismissed, 468 U.S. 1228 (1984); W.L.
Gore and Associates, Inc. v. Garlock, Inc., 721 F.2d 1540,
1554, 220 USPQ 303, 313 (Fed. Cir. 1983), cert. denied, 469
U.S. 851 (1984).
In the final rejection, the examiner rejected claims 1
and 3 as anticipated by the disclosure of Wakabayashi.
Wakabayashi teaches a display device in which in response to a
power failure a pointer can be returned to the location it was
at before the power failure occurred. The examiner found that
moving the pointer to a standard position would be inherent in
the Wakabayashi display device [final rejection, pages 2-3].
Appellants argued that Wakabayashi does not disclose how
standard positions might be located, and appellants also
argued that the claimed movement control to a standard
position based on movement information stored in memory was
not inherently present in the Wakabayashi device [brief, pages
3-5].
In the examiner’s answer the examiner made no mention
of the inherency argument from the final rejection. Instead,
4
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007