Ex Parte TARAKI et al - Page 5



          Appeal No. 1999-2591                                                        
          Application No. 08/628,995                                                  

          to the sensed movement of the mouse until the extent of the ruler           
          is reached.  As appellants describe [Principal brief-page 14], it           
          is only after that point, and in response to further mouse                  
          movement in the same direction that scrolling will occur.  So               
          far, this is in accordance with the language of claim 1 which               
          requires, in a second mode, that the processor be responsive to             
          any detected movement of the mouse in one direction while the               
          cursor is on a second indicium without affecting the location on            
          the screen or either the cursor or the second indicium.                     
               The problem, and the nub of appellants’ argument, is that              
          claim 1 not only requires this operation in one direction, it               
          also requires the operation in an opposite direction, i.e., “in             
          either of two opposite directions.”  It is appellants’ contention           
          that although Barker teaches downward scrolling and no movement             
          of the cursor when the extent of the ruler is reached, movement             
          of the mouse in the opposite direction, i.e., upwards, in Figure            
          4 of Barker, “will cause the pointer to move accordingly on the             
          screen without a scrolling functionality” [Principal brief-page             
          14].                                                                        
               We agree with the examiner.  While we fully understand what            
          appellants are saying and we fully understand the differences               
          between the instant disclosed invention and what is disclosed by            
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