Ex parte SAUND - Page 6




          Appeal No. 2000-1531                                                        
          Application No. 08/897,405                                                  


          designators, appellant’s argument would fail.                               
               In any event, we will not sustain the rejection of                     
          independent claim 1 under 35 U.S.C. 103 because we find no                  
          evidence in Bloomberg or Endo that those references                         
          contemplate distinguishing a command designator and a                       
          selection designator from other hand drawn marks, wherein the               
          presence of the selection designator indicates selection of                 
          the action associated with the command designator.  The                     
          examiner cites column 4, lines 24-67, of Endo for a showing of              
          distinguishing a command designator from other hand drawn                   
          marks.  That portion of Endo describes various inputs,                      
          including, for example, “X,” “/,” and closed parentheses,                   
          representative of the commands “erase,”                                     


          “cut,” and “wrap,” respectively.                                            
               While we agree that Endo certainly discloses hand drawn                
          commands indicative of such commands as “erase,” “cut,” and                 
          “wrap,” and that such commands cause the commanded action, it               
          is unclear in Endo where there are command designators                      
          distinguished from selection designators such that the command              
          designators indicate an action to be taken and the presence of              
          a selection designator indicates selection of that action.                  
                                         6–                                           



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