Appeal No. 2005-1157
Application No. 09/829,249
The computer in Oberteuffer is configured to process both a
graphics input and an audio input to thereby produce a graphics
output. Oberteuffer is silent as to the production of an audio
output. The electronic apparatus disclosed by Kono produces a
graphics output and an audio output in response to a graphics
input. Since Kono is silent as to an audio input, we disagree
with the examiner’s statement (final rejection, page 6) that
“Kono discusses electronic books capable of inputting data
graphically and orally” (emphasis added). We likewise disagree
with the examiner’s supposition (final rejection, page 7) that
the presence of a voice icon 64 on the touch display panel
26 means that “speech commands may be used to select such icons.”
As indicated in Kono (column 7, lines 2 through 32), the voice
icon 64 is selected by touching the touch display panel.
Although an “audio output further enhances understanding of
graphically displayed content” in Kono (final rejection, page 7),
the examiner has not demonstrated that the graphics output in
Oberteuffer needs an audio accompaniment. As indicated supra,
Oberteuffer is silent as to the need for an audio output. Thus,
in the absence of a demonstrated need for an audio output in
Oberteuffer, we agree with the appellants’ argument (brief, page
4) that the examiner has not set forth the requisite motivation
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