Appeal No. 2001-2614
Application 09/506,576
for positioning” is construed as a hook and loop fastener secured
to the top surface of the platform (specification page 2, line
4), an elastic or inelastic belt to hold the control mechanism to
the platform (specification page 2, line 6-7), an adaptor secured
to the platform (specification page 2, line 13), an adaptor and a
belt (specificatin page 2, line 17) and equivalents. Turning to
figure 11 and column 5 of the Boyer patent, Boyer discloses an
airplane fold-down tray 34. In this instance, an airplane fold-
down tray denotes a structure which has a mounting platform that
may be adjusted from a horizontal use position to a near vertical
stowed position. Boyer further discloses a means for positioning
that includes a belt formed of hook and loop material. While we
are not of the view that claim 1 actually requires the supported
structure to be a home video game, we note that such games may be
played on the multipurpose computer disclosed. Furthermore, the
doctrine of claim differentiation convinces us that claim 1 does
not include the video game controller. See claim 14. As can be
seen from the above analysis, claims 1, 2 and 6 lack novelty over
the invention of figure 11 of Boyer.
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