Ex Parte NELSON et al - Page 8



          Appeal No. 2002-1995                                                        
          Application No. 09/071,488                                                  

          operating the device with a single hand would change any                    
          operation of the buttons, especially the buttons on one side of             
          the device still being operated by the single hand.  While                  
          appellants indicate that a single hand grasping Michel’s device             
          could not simultaneously grasp the device and operate the buttons           
          to navigate in computer program applications, it appears to us              
          that a user can grasp the binocular device in Michel’s Figure 5b            
          with a single hand with fingers on the buttons on one side of the           
          device.                                                                     
               Thus, for the same reasons we enunciated in the prior                  
          decision of November 26, 2003, in Application Serial No.                    
          09/071,489 (Appeal No. 2003-0167), we are not persuaded by                  
          appellants’ arguments regarding the “single hand” limitation.               
               However, we are persuaded by appellants’ argument, at page 8           
          et seq. of the principal brief, regarding the “mouse” limitation.           
               Each of the instant independent claims 1 and 15, and hence             
          each claim on appeal, requires that the navigational input tools            
          comprise a “mouse including a force actuated pointer” integrated            
          within the housing.                                                         
               Clearly, Michel discloses no such mouse, but the examiner              
          asserts that Michel “inherently includes...the claimed                      
          navigational tools...including the claimed mouse (a user input              
                                         -8–                                          




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