Appeal No. 2003-0138
Application 09/427,426
either explicitly or inherently. Glaxo Inc. v. Novopharm Ltd.,
52 F.3d 1043, 1047, 34 USPQ2d 1565, 1567 (Fed. Cir.), cert.
denied, 516 U.S. 988 (1995).
The examiner has made findings (answer, pages 3 and 4) that
Marshall discloses all of the limitations of claims 1, 14, 16, 19
and 24 through 26. Marshall discloses financial investment data
via display parameters that include “shape, color, texture and
axis” (column 10, lines 28 through 30). Marshall explains
(column 10, lines 30 through 39) that a three-sided shaped
displayed metaphor may represent stock with small capitalization,
a four-sided shaped displayed metaphor may represent stock with
medium capitalization, and a five-sided shaped displayed metaphor
may represent stock with large capitalization. A color display
parameter is used in Marshall to indicate profit or loss of a
company (column 6, lines 26 and 27; column 10, lines 37 through
39). According to the examiner (answer, page 3), “shape is
analogous to the bar” claimed by appellant.
Appellant argues (brief, pages 4 through 6) that Marshall
does not disclose a displayed cell bar whose relative size is
proportional to an investment parameter.
4
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007