Ex Parte Fender et al - Page 5


                   Appeal No. 2006-3283                                                                 Page 5                    
                   Application No. 10/606,897                                                                                     
                       Appellants maintain that Taraki fails to disclose a parameter defining a                                   
                   relationship between and first and second waveforms and that the icons in Taraki                               
                   relate to display modes rather than to a measurement to be performed (Brief p. 9                               
                   and Reply Brief p. 6).  We agree with Appellants and further find that Taraki does                             
                   not disclose “displaying a plurality of icons, each icon corresponding to a                                    
                   measurement to be performed of a parameter defining a relationship between the                                 
                   first waveform and the second waveform,” as recited in independent claim 36.                                   
                   Therefore, we will not sustain the rejections of independent claim 36 and                                      
                   dependent claims 37-39                                                                                         



                                                        CONCLUSION                                                                
                       To summarize, the rejection of claims 21-24, 26-33, and 35-39 under 35 U.S.C.                              
                   § 102 has been reversed.                                                                                       



























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