Ex Parte Keely et al - Page 13


                   Appeal No. 2006-3038                                                                                             
                   Application No. 09/750,288                                                                                       


                   claims 4 and 17, while Morishita measures the width of the ink, the reference                                    
                   simply fails to teach or suggest determining a ratio of the ink’s height to its width.                           
                   Moreover, Maxted fails to cure these deficiencies since the reference does not                                   
                   teach nor suggest the claimed distance or ratio determinations.  Since neither                                   
                   Morishita nor Maxted fairly teaches or suggests the limitations of claims 3, 4, 16,                              
                   and 17, the examiner’s rejection of these claims is therefore reversed.                                          
                           We will, however, sustain the examiner’s rejection of claims 5, 6, 18, and                               
                   19.  As we discussed previously, the claims are fully met by Morishita’s ink-based                               
                   search regions in Figs. 44A and 44B that are “anchored” to displayed objects and                                 
                   linked to displayed information.  Our previous discussion of this embodiment of                                  
                   Morishita applies equally here and we incorporate that discussion by reference.7                                 
                   Regarding claims 6 and 19, we add that the data link that is established between                                 
                   the region defined by the electronic ink and at least the information storing                                    
                   section to facilitate searching involves accessing memory as the examiner                                        
                   indicates [see answer, page 7].  We find this interpretation would                                               
                   have reasonably suggested anchoring the ink to a file position as claimed.  The                                  
                   examiner’s obviousness rejection of claims 5, 6, 18, and 19 is therefore                                         
                   sustained.                                                                                                       
                           Likewise, we will sustain the examiner’s rejection of claim 20 essentially                               
                   for the reasons previously discussed with respect to the limitations of claim 7.                                 



                                                                                                                                    
                   7 See pages 6 and 7, supra, of this opinion.                                                                     

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