Ex Parte BLOOMBERG et al - Page 5




              Appeal No. 2004-0644                                                                                        
              Application No. 09/222,209                                                                                  


              defined by appellants.  We do find that the first line of page 11 additionally states “the                  
              structure, e.g. lists, lists with sublists, two-dimensional tables or arrays, etc. can be                   
              altered in the text domain using the keyboard, etc.” yet no specific definition of the term                 
              “structure” has been identified by appellants. (Emphasis added.)  The examiner                              
              maintains that Capps’ implementation refers to capturing, interpreting, and manipulating                    
              “text, graphics and data objects.”  (See answer at page 11.)  We agree with the                             
              examiner that Capps discloses the basics of capturing, interpreting, and manipulating                       
              text, graphics and data objects which we find would include importing the data from the                     
              device; segmenting the data; interpreting a structure of the text, graphics and data                        
              objects; selectively editing the structure; and selectively transcribing the text, graphics                 
              and data objects into an editable text format wherein the structure would be the overall                    
              combination of the objects.  (See Capps at columns 8-9 and Fig. 3.)   Appellants argue                      
              that Capps does not disclose the organization or even the existence of such structured                      
              elements.  (See brief at page 4.)  We disagree with appellants.                                             
                     While Capps does not specifically address FGE’s, he does disclose manipulation                       
              of text and objects.  Therefore, we agree with the examiner that it would have been                         
              obvious to one of ordinary skill in the art at the time of the invention to incorporate the                 
              methodology of Capps into the system of Moran1.  Moreover, we find that Moran1 also                         
              teaches the analysis of the “implicit structures” and manipulation of FGE’s then a                          



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