Appeal 2007-0608 Application 09/738,647 The Examiner rejected the claims on appeal as follows: A. Claims 1, 6 and 8 through 12 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Shojima. B. Claims 31 through 5 and 13 through 16 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Shojima and Cok. Appellants contend2 that Shojima, taken alone or in combination with Cok, does not render claims 1, 4 through 6 and 9 through 12 unaptentable. Particularly, Appellants contend that Shojima does not fairly teach or suggest selecting a font by comparing a user’s handwritten characters to characters of a plurality of fonts to determine a font for displaying the user’s recognized characters, as recited in representative claim 1. (Br. 6 and 7; Reply Br. 2). The Examiner, in contrast, contends that Shojima teaches the cited limitations of representative claim 1 as comparing an input handwritten character data with registered data dictionary to recognize a most similar pattern, as well as to select and display a font corresponding to the recognized character pattern. (Answer 3 and 7). The Examiner therefore concludes that Shojima renders representative claim 1 unpatentable. Appellants further contend that Shojima, taken alone or in combination with Cok, does not render claims 3, 8 and 13 through 16 unpatentable since it does not teach a creation unit for creating a new font on the basis of the plurality of handwritten characters. (Br. 8). In response, the Examiner 1 We note that claim 3 improperly depends upon higher numbered claim 13. 2 This decision considers only those arguments that Appellants submitted in the Appeal and Reply Briefs. Arguments that Appellants could have made but chose not to make in the Briefs are deemed to have been waived. See 37 C.F.R. § 41.37(c)(1) (vii)(eff. Sept. 13, 2004). See also In re Watts, 354 F.3d 1362, 1368, 69 USPQ2d 1453, 1458 (Fed. Cir. 2004). 3Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: September 9, 2013