Appeal No. 1999-1045
Application No. 08/651,759
REMAND TO THE EXAMINER
1. The examiner should consider assessing whether the
underlying specification provides a sound descriptive basis under
35 U.S.C. § 112, first paragraph, for claim language of, for
example, independent claims 1, 20, and 44, i.e., whether the
disclosure of this application as originally filed reasonably
conveys to the artisan that the inventor had possession at that
time of the later claimed subject matter of a head having a
contact surface comprising a material selected to promote
friction with an associated inanimate structure, rather than the
presence or absence of literal support in the specification for
the claim language.
2. The examiner should additionally consider evaluating the
patentability of, for example, claims 1, 20, and 44 under
35 U.S.C. § 103(a), based upon the mouse pad disclosure of Brewer
in light of any known prior art teaching of the material of a
peripheral raised edge on a mouse pad (platform) wherein the edge
prevents a mouse from falling of the mouse pad.
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