Ex Parte KEMP et al - Page 6




          Appeal No. 1999-2797                                                        
          Application No. 08/609,875                                                  

          of the handheld device of Posso with the general teachings of the           



          scrolling function in the full screen display device of Kuga in             
          some vague manner without specifically describing how the                   
          teachings would be combined.  Our review of the Examiner’s                  
          position on the record reveals no indication as to how and where            
          the scroll start and stop keys of Kuga would be implemented on              
          the device of Posso.  This does not persuade us that one of                 
          ordinary skill in the art having the references before her or               
          him, and using her or his own knowledge of the art, would have              
          gained possession of the claimed subject matter.                            
               We further agree with Appellants (Brief, page 8) that the              
          skilled artisan, looking to modify the handheld display                     
          controller of Posso, would not be led to the full screen display            
          control features disclosed by Kuga.  In our view, the problems of           
          accidental scrolling caused by inadvertent actuation of scroll              
          controls in a handheld device such as Posso do not exist to any             
          great extent in full screen displays such as Kuga in which the              
          operator’s attention is directed to the screen while a scroll               
          action takes place.                                                         
               It is also our view, that, even assuming arguendo that                 

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