Appeal No. 2002-0641
Application No. 09/407,069
re Rinehart, 531 F.2d 1048, 1051, 189 USPQ 143, 146-147 (CCPA 1976). Only those arguments
actually made by appellant have been considered in this decision. Arguments which appellant could
have made but chose not to make in the brief have not been considered and are deemed to be waived
[see 37 CFR 1.192 (a)].
As to claims 19-22 and 33, in Yoshida, the examiner points to a first storage means,
command register CR, for storing a plurality of graphic data programs. The examiner cites column
1, lines 31-36, and column 2, lines 31-38, of Yoshida for the recitation of “drawing command.” The
examiner further points to column 2, lines 39-46, for a teaching of each program creating graphic
data (displaying graphic forms) for a different graphic data type, and to column 2, lines 54-57, for a
teaching of the created graphic data including a data type and attribute data therefor. A second
storage means AR is said to be read and written to by a CPU for storing graphic data of the
displayed graphic forms (column 3, lines 31-57) and a means for displaying graphic forms based on
the graphic data is said to be taught at column 4, lines 19-23, and Figure 2. A means for designating
one of the graphic forms is said to be taught at column 4, lines 39-44, and a means for extracting a
drawing program associated with the designated graphic form for editing operations is said to be
taught at column 4, lines 24-31 and 60-63). Editing operations, including drawing correction, delete
and scaling, is said to be taught at column 1, lines 33-36 and column 4, lines 26-31. The examiner
further explains that “[s]ince the extracted drawing program is same [sic] the program that created
the designated graphic form, which program includes a command code for drawing basic pattern
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