Appeal No. 1998-0872
Application No. 08/438,479 Page 28
the graphics display. Smart additionally discloses (id.) that to
obtain more information about an object such as a camera, the
operator uses the mouse to select the object, and a control menu
is displayed in a window overlapping the map.
From this disclosure of Smart, we find that the displayed
control menu is a sub-image palette that permits the operator to
display a camera image. However, there is no disclosure of how
the VCR is turned on. Claim 126 requires that the input device
has means controllable by the operator to cooperate with the sub-
image control palette to record a live image on the VCR. It is
not clear from the disclosure of Smart as to how the VCR is
turned on by the operator. Smart does not disclose whether the
VCR is turned on from the control menu when the camera icon is
selected, or whether the VCR is turned on at the surveillance
console at the right side of the workstation. We would have to
resort to speculation to conclude that the VCR is turned on from
the control menu. The examiner has not addressed this issue and
accordingly, has failed to establish a prima facie case of
obviousness of independent claim 126, and claim 127, which
depends therefrom. Accordingly, the rejection of claims 126 and
127 under 35 U.S.C. § 103 is reversed.
We turn next to the rejection of claims 129 and 130
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