Ex parte LUEDERS - Page 9




          Appeal No. 96-3624                                                          
          Application No. 08/293,104                                                  


          for displaying, on the membrane, positional and functional                  
          indicia and having electrical connections for addressing                    
          display elements to be illuminated.                                         
               Similarly, the applied references do not make the subject              
          matter of independent method claim 44 obvious since none of                 
          these references suggests the functions of the claimed                      
          programmable display membrane.  Moreover, with regard to claim              
          44, we find no suggestion by the applied references, and the                
          examiner has pointed to nothing therein, of the claimed                     
          “displaying...at continuous locations including locations                   
          between keys as well as overlying keys not used to effect the               
          currently desired function.”                                                
               We have not sustained the rejection of claims 36 through               
          39 and 44 under 35 U.S.C. 103 but we have sustained the                     
          provisional rejection of these claims under the doctrine of                 
          obviousness-type double patenting in view of appellant’s lack               
          of argument on this issue.                                                  
               Accordingly, the examiner’s decision is affirmed.                      
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
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