Ex Parte Fiedler - Page 3




                Appeal No. 2005-2619                                                                                                           
                Application No. 09/734,826                                                                                                     

                Uehara    4,961,177    Oct.   2, 1990                                                                                          
                Shirai Satoru et al. (Shirai)1JP 11-249227   Sep. 17, 1999                                                                     
                Schaffrina    DE 004028670 A1   Mar. 12, 1992                                                                                  
                (We will refer to the pagination of the translation dated 8/12/2003 from EAST)                                                 
                Schneiderman, “Touchscreens now offer compelling uses,” IEEE Software, Vol. 8, No.                                             
                2, pp. 93-94, March 1991.                                                                                                      

                         Claims 1-5 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Uehara                                        
                in view Shirai and Schaffrina.  Claim 6 stands rejected under 35 U.S.C.                                                        
                § 103(a) over Uehara in view Shirai, Schaffrina, and Schneiderman.                                                             
                         Rather than reiterate the conflicting viewpoints advanced by the examiner and                                         
                appellant regarding the above-noted rejections, we make reference to the answer                                                
                (mailed July 28, 2004) for the examiner's reasoning in support of the rejections, and to                                       
                the brief (filed June 14, 2004) for appellant's arguments thereagainst.                                                        


                                                                 OPINION                                                                       
                         In reaching our decision in this appeal, we have given careful consideration to                                       
                appellant's specification and claims, to the applied prior art references, and to the                                          
                respective positions articulated by appellant and the examiner.  As a consequence of                                           
                our review, we make the determinations which follow.                                                                           


                                                                                                                                               
                         1  We will follow the examiner’s and appellant’s labels to this reference for uniformity and clarity.                 
                                                                      3                                                                        






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