Ex Parte KITAGAWA et al - Page 6




              Appeal No. 2003-0724                                                                                       
              Application 08/858,809                                                                                     
                     In any event, we still will not sustain the rejection of claims 41, 42, 45 and 46                   
              under 35 U.S.C. § 103 because there is a key element of the instant claims which is not                    
              satisfactorily provided for in the examiner’s rejection.                                                   
                     According to instant independent claims 41 and 45, in addition to causing the                       
              computer to display an individual explanation of a designated picture, that designated                     
              picture is “corresponding to a specific program that can be activated” and the                             
              explanation corresponds to the designated picture and the specific program on a one-                       
              to-one basis.  Clearly, the message displayed in Seki, e.g., bottom of the display in                      
              Figure 5, does not, in any way, correspond to any specific program that can be                             
              activated.  Since Suzuki is of no help in this regard, we will not sustain the rejection of                
              claims 41, 42, , 45 and 46 under 35 U.S.C. § 103.                                                          
                     As to claims 23, 29, 37, 39, 49 and 50, 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 33-43, and column 2, lines 31-36, of Yoshida for the                        
              recitation of “drawing command.”  The examiner further points to column 2, lines 39-41,                    
              for a teaching of each drawing command, or program, constituting a drawing command                         
              code and a parameter field, to column 2, lines 41-46, for the drawing command code                         
              being used for drawing the basic pattern of a graphic element, such as a straight line,                    
              rectangle, circle..., and to column 2, lines 54-57, for a teaching of a parameter field for                
              specifying start/stop addresses, radius...                                                                 



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