Ex Parte Harrison et al - Page 8




          Appeal No. 2004-0468                                                        
          Application 09/754,555                                                      


          Tannenbaum at column 13, lines 14-20, teaches detecting a                   
          cessation of contact with a touch screen must generate a mouse              
          click event.  Appellants’ argue at page 3 of the reply brief that           
          “the possibility still exists, however, that the detection of               
          cessation of contact with a touch screen may not map to such a              
          mouse-equivalent command”.  Appellants have provided no basis in            
          Tannenbaum or elsewhere for this contention.  Without some                  
          indication by the Appellants of their basis for this argument,              
          the argument is mere speculation given the plain meaning of                 
          column 13 of Tannenbaum and as such this argument is                        
          unpersuasive.                                                               


               We find that the Examiner has met the initial burden of                
          establishing a prima facie case of obviousness.  We further find            
          that the Appellants have not presented a sufficient showing to              
          overcome this prima facie case.  Therefore, we will sustain the             
          Examiner’s rejection under 35 U.S.C. § 103.                                 


                                     Conclusion                                       
               In view of the foregoing discussion, we have sustained the             
          rejection under 35 U.S.C. § 103 of claims 1-4, 6-10, and 12-15.             



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