Ex Parte NEGISHI et al - Page 9




          Appeal No. 2000-2148                                       Page 9           
          Application No. 08/935,704                                                  


          specifies in pertinent part the following limitations:                      
          "outputting signals for producing a display with a line                     
          connecting an image of a first file and an image of a second file           
          to indicate a relation between the first file and the second file           
          when the second file is operated, the first file using the second           
          file when the first file is executed."  At oral hearing, the                
          appellants’ attorney stipulated that the obviousness of the final           
          phrase of claim 29, viz., “the first file using the second file             
          when the first file is executed,” was not contested.  Giving the            
          representative claim its broadest reasonable construction,                  
          therefore, the limitations merely require displaying a line that            
          connects an image of a first file and an image of a second file             
          to indicate a relation therebetween when the second file is                 
          operated on.                                                                


               Having determined what subject matter is being claimed, the            
          next inquiry is whether the subject matter is obvious.  "’A prima           
          facie case of obviousness is established when the teachings from            
          the prior art itself would appear to have suggested the claimed             
          subject matter to a person of ordinary skill in the art.’"  In re           
          Bell, 991 F.2d 781, 783, 26 USPQ2d 1529, 1531 (Fed. Cir. 1993)              









Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007