Appeal No. 95-3998
Application 07/914,904
that are individually engageable by the thumb or
fingers of the hand holding the housing.
We note that Appellants’ claim 13 recites in part the
following:
the housing being sized and configured to be
holdable in the palm of a hand such that the thumb
or fingers of the hand holding the scanner can
selectively engage individual keys on the keyboard
while the hand is holding the housing.
Upon a careful review of references relied upon by the
Examiner, we fail to find that the references teach or suggest
the above limitations as recited in Appellants’ claims. We
appreciate that Main does teach in column 4, lines 42-46, that
the actuating button 42 shown in Figure 2 is located so as to
allow the thumb of the hand holding the housing 30B to actuate
button 42. However, Main teaches in column 4, lines 49-58,
that the keys 12 are actuated by the free hand of the user and
not the fingers or thumb of the hand holding the housing.
The Examiner argues on pages 4 and 5 of the answer that
engaging the keys or the keyboard using the thumb or fingers
of the same hand that holds the housing is known in such
things as television remotes. However, the Examiner has not
provided any
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