Appeal No. 1999-2217
Application No. 08/735,776
F.2d 590, 118 USPQ 340 (CCPA 1958)). In the absence
of evidence from the prior art that the mouse icon
disclosed by Frid-Nielsen suggests the display of a
graphical representation of a graphical pointing
device within a graphical pointer, Appellant
believes [sic, Appellants believe] that the Examiner
has failed to establish a prima facie case of
obviousness . . . .
We agree with appellants’ argument that the examiner has
failed to establish via evidence that the graphical pointer
disclosed by Frid-Nielsen is equivalent to the graphical
pointer disclosed and claimed by appellants. Thus, appellants
have correctly argued that the examiner has failed to
establish “a prima facie case of obviousness.”
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