Ex parte ROTH - Page 6




          Appeal No. 1998-0746                                                        
          Application No. 08/511,268                                                  


               keyboard such as disclosed by Schmidt, since there                     
               would be no motivation for doing so.                                   
          We agree.  Inasmuch as hindsight can not be a motivating                    
          factor for combining the teachings of Deakin with those of                  
          Schmidt, we agree with appellant (Brief, pages 18 and 19) that              
          “the Examiner has failed to establish a prima facie case of                 
          obviousness.”  In summary, the obviousness rejection of claims              
          17 and 31 through 33 is reversed.                                           


                                      DECISION                                        
               The decision of the examiner rejecting claims 15 through               
          35 under 35 U.S.C. § 103 is reversed.                                       
                                      REVERSED                                        





                         KENNETH W. HAIRSTON           )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         PARSHOTAM S. LALL             )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                          6                                           





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