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Ex parte TRAINOR et al. - Page 10
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Board of Patent Appeals and Interferences > 1997 > Ex parte TRAINOR et al. - Page 10
Appeal No. 95-2631
Application 07/950,402
requiring input of function codes through a keyboard
panel or the like, or by pressing a dedicated function
key which calls up on the display that specific
function. See, e.g., cited art of record U.S. Patent
No. 4,419,619 [Jindrick], Figs. 2B-3E and Column 8,
lines 39-68. [Emphasis added.]
Given the scope of claim 10 as set forth above, the method
of Jindrick for displaying operational parameters “by pressing a
dedicated function key which calls up on the display that
specific function” (Brief, page 4) fully anticipates claim 10.
In summary, the standing § 103 rejections of the appealed
claims have been reversed, and a new rejection of claim 10
pursuant to our authority under 37 CFR § 1.196(b) has been made.
The decision of the examiner is reversed.
This decision contains a new ground of rejection pursuant to
37 CFR § 1.196(b)(amended effective Dec. 1, 1997, by final rule
notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10, 1997), 1203 Off.
Gaz. Pat. & Trademark Office 63, 122 (Oct. 21, 1997)). 37 CFR
§ 1.196(b) provides that, “A new ground of rejection shall not be
considered final for purposes of judicial review.”
37 CFR § 1.196(b) also provides that the appellant, WITHIN
TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of
the following two options with respect to the new ground of
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Last modified: November 3, 2007
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