Ex Parte KITAGAWA et al - Page 8




              Appeal No. 2003-0724                                                                                       
              Application 08/858,809                                                                                     
              group for drawing graphic forms and that in order for Yoshida to correct a graphic form,                   
              it is necessary to delete the graphic form to correct the displayed picture.  Since it                     
              becomes necessary to extract and delete a drawing command in order for a correction                        
              to occur, if the examiner is implying that Yoshida’s extraction operation is tantamount to                 
              selection of a program, as claimed, then it would appear that Yoshida would be deleting                    
              the drawing program itself.  If the drawing program is deleted, then how can Yoshida’s                     
              system operate?  Accordingly, it would appear that Yoshida’s disclosure would                              
              foreclose the possibility that the “drawing command” disclosed therein can be a graphic                    
              data program, as is recited in the instant claims.                                                         
                     We agree with appellants that Yoshida appears to extract and delete data.                           
              Yoshida does not disclose any “program” as recited in the instant claims and does not                      
              allow for the activation of interactive drawing programs, as brought out in the instant                    
              claims.  For example, claim 23 calls for, inter alia, “each of said drawing programs                       
              having a function of interactively acquiring a parameter value for drawing a graphic form                  
              by causing the computer to present an item name to the user and to receive an input by                     
              the user, and a function of creating graphic data corresponding to the acquired                            
              parameter value” and claim 49 calls for, inter alia, “selecting a program” and a menu                      
              “including one or more program identifiers” each “identifying a program for processing                     
              an object independent of the designated graphic form...”                                                   
                     We find nothing in Yoshida suggesting these claim limitations and nothing in                        
              either Seki or Suzuki that provides for these deficiencies.                                                

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