Ex parte KONO - Page 9




          Appeal No. 95-3908                                                          
          Application No. 07/890,350                                                  

          provide such a recess in Krenz.  Moreover, claim 18 requires                
          that the keyboard be “releasably secured” in the recess and                 
          there is no teaching of this limitation in either Krenz or                  
          Thom.                                                                       
               Claim 18 also requires the keyboard to have a dimensional              
          size “substantially the same as said second portion bottom                  
          recess...”  While the examiner apparently concludes that this               
          is the case in Thom, appellant concludes otherwise, stating                 
          that in Thom, the keyboard can only be fit “partially” under                
          the printer.  While the figures in Thom, e.g., Figure 3, would              
          appear to indicate that the keyboard therein is much larger                 
          than the space in which it fits, it may also be true that the               
          drawings are not to scale.  The important point here is that                
          we just don’t know.  We must resort to speculation in order to              
          determine if Thom actually teaches that the dimensional size                
          of the key input means is “substantially the same size as said              
          second portion...” and we cannot bottom a finding of                        
          obviousness on such speculation.                                            


               Finally, we turn to claim 3.  However, claim 3 depends                 
          from independent claim 1 and we find no indication that the                 

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