Ex Parte SUZUKI et al - Page 12




                 Appeal No. 2002-2177                                                                                 Page 12                     
                 Application No. 08/777,424                                                                                                       


                 display portion for displaying said plurality of input image data, a second display portion                                      
                 for displaying layout images laid out by said automatic layout unit, and a third display                                         
                 portion for expressing the intention input by said intention input unit, and concurrently                                        
                 performs display operations of said first to third display portions. . . ."  Giving the claim                                    
                 its broadest, reasonable construction, the limitations require that an image editing                                             
                 device concurrently display a window showing image data inputted to the device, a                                                
                 window showing images as laid out by an automatic layout unit of the device, and a                                               
                 window allowing a user to input data reflecting his intentions.                                                                  


                                                     2. Obviousness Determination                                                                 
                         "In rejecting claims under 35 U.S.C. Section 103, the examiner bears the initial                                         
                 burden of presenting a prima facie case of obviousness."  In re Rijckaert, 9 F.3d 1531,                                          
                 1532, 28 USPQ2d 1955, 1956 (Fed. Cir. 1993) (citing In re Oetiker, 977 F.2d 1443,                                                
                 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992)).  "'A prima facie case of obviousness is                                            
                 established when the teachings from the prior art itself would . . . have suggested the                                          
                 claimed subject matter to a person of ordinary skill in the art.'"  In re Bell, 991 F.2d 781,                                    
                 783, 26 USPQ2d 1529, 1531 (Fed. Cir. 1993) (quoting In re Rinehart, 531 F.2d 1048,                                               
                 1051, 189 USPQ 143, 147 (CCPA 1976)).                                                                                            











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