Ex Parte MACPHAIL - Page 5



          Appeal No. 2004-1557                                                        
          Application No. 09/451,942                                                  

          information, especially “alphanumeric characters.”  Thus, the               
          lack of written description rejection of claims 1 through 28 is             
          reversed.                                                                   
               Turning to the anticipation rejection of claims 1 through 5,           
          19 through 22 and 25, the examiner states (answer, page 5) that             
          the nodes in Kirk “do not comprise alphanumeric characters (Fig.            
          7; line 59, col. 31 to line 12 of col. 32).”  We disagree.  The             
          node designated by the numeral 704 in Kirk (Figure 7) clearly               
          contains alphanumeric characters.  The blackened and unnumbered             
          nodes in Kirk (Figure 7) do not contain alphanumeric characters,            
          but they are not described as either “selectable” or as “points”            
          as required by the claims on appeal.  Accordingly, the                      
          anticipation rejection of claims 1 through 5, 19 through 22 and             
          25 is reversed.                                                             
               Turning lastly to the obviousness rejections, we find that             
          the teachings of Bates, Isensee, Mukherjee and Manson do not cure           
          the noted shortcoming in the teachings of Kirk.  In summary, the            
          obviousness rejections of claims 6 through 18, 23, 24 and 26                
          through 28 are reversed.                                                    
                                      DECISION                                        
               The decision of the examiner rejecting claims 1 through 28             
          under the first paragraph of 35 U.S.C. § 112 is reversed.  The              
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