Ex Parte NIX - Page 6



          Appeal No. 1999-2605                                                         
          Application No. 08/788,669                                                   

          support the conclusion of obviousness.  See In re Lee, 277 F.3d              
          1338, 1343, 61 USPQ2d 1430, 1433-34 (Fed. Cir. 2002).  In our                
          opinion, any suggestion to modify the disclosure of Bender to add            
          an automatic pausing feature could only come from an improper                
          attempt to reconstruct Appellant’s invention in hindsight.                   
               Lastly, we have reviewed the QUE reference which has been               
          cited by the Examiner to address the “refresh bar” features of               
          dependent claims 6 and 11.  We find nothing, however, in the                 
          disclosure of the QUE publication which would overcome the innate            
          deficiencies of Bender discussed supra.                                      















                                          6                                            




Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007