Ex Parte Berkoff et al - Page 2




             Appeal No. 2004-1069                                                          Page 2              
             Application No. 09/569,616                                                                        


                                               BACKGROUND                                                      
                   The appellants' invention relates to an input and a display device provided with            
             an output screen and means for determining a position of a pointing device relative to a          
             position at the output screen wherein the means for determining comprises elongated               
             radiation sources along two substantially non-parallel sides of the output screen for             
             radiating radiation in beams to opposing sides of the output screen, which beams are              
             substantially parallel to a surface of the output screen (specification, p. 1).  A copy of        
             the claims under appeal is set forth in the appendix to the appellants' brief.                    


                   The prior art reference of record relied upon by the examiner in rejecting the              
             appealed claims is:                                                                               
             Tai et al. (Tai)                5,506,929                        April 9, 1996                    


                   Claims 1 to 3 and 5 stand rejected under 35 U.S.C. § 102(b) as being anticipated            
             by Tai.                                                                                           


                   Claim 4 stand rejected under 35 U.S.C. § 103 as being unpatentable over Tai.                


                   Rather than reiterate the conflicting viewpoints advanced by the examiner and               
             the appellants regarding the above-noted rejections, we make reference to the answer              








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