Ex Parte Kotzin - Page 6




              Appeal No. 2005-2486                                                                                       
              Application No. 10/331,384                                                                                 
              The speeds are selected by the user.  See column 9, lines 23-32.  However, we do not                       
              find that Feinstein teaches that the amount of movement of the display device controls                     
              the amount of panning, scrolling speed, of the display, i.e. the magnitude of the pitch                    
              and roll does not affect the scroll speed.  See for example figure 7C which depicts                        
              change in orientation of the display device and figure 7D which depicts scrolling of the                   
              display.  We note scrolling is independent of the magnitude of change in orientation of                    
              the device.  Thus, we do not find that Feinstein teaches the limitation of an “amount the                  
              image being displayed on the display is panned matches the amount of movement of                           
              the hand held device.”  Accordingly, we will not sustain the examiner’s rejection of                       
              independent claims 1 and 11 or dependent claims 2 through 8, 10, 12 through 18 and                         
              20 under 35 U.S.C.   § 102.                                                                                
                     Claims 9 and 19 stand rejected under 35 U.S.C. § 103 as being unpatentable                          
              over Feinstein in view of Berting.  Claims 9 and 19 ultimately depend upon claims 1 and                    
              11 respectively.  The examiner has not asserted, nor do we find, that Berting teaches                      
              the limitation of an “amount the image being displayed on the display is panned                            
              matches the amount of movement of the hand held device.”  Accordingly, we will not                         
              sustain the examiner’s rejection of claims 9 and 19 for the reasons discussed supra with                   
              respect to claims 1 and 11.                                                                                








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