Ex Parte KOLAWA et al - Page 2




          Appeal No. 2002-2037                                                          
          Application No. 09/128,706                                                    
          also In re Dance, 160 F.3d 1339, 1340 n.2, 48 USPQ2d 1635, 1636               
          n.2 (Fed. Cir. 1998); In re King, 801 F.2d 1324, 1325, 231 USPQ               
          136, 137 (Fed. Cir. 1986); In re Sernaker, 702 F.2d 989, 991, 217             
          USPQ 1, 3 (Fed. Cir. 1983).  Claims 1 and 2 read as follows:                  


               1.  An apparatus for simulating push button operation on the             
          screen of a display device comprising:                                        
               first means for displaying on the display a first oval and a             
          second oval spaced below the first oval a first predetermined                 
          distance to simulate an undepressed three dimensional mechanical              
          push button;                                                                  
               an input device for selecting the simulated push button; and             
               second means responsive to the input device for displaying on            
          the display the first oval and the second oval spaced below the               
          first oval a second predetermined distance shorter than the first             
          distance to simulate a depressed three dimensional mechanical push            
          button when a user input is received from the input device.                   


               2.  The apparatus of claim 1, further comprising a third                 
          means responsive to the input device for highlighting the                     
          simulated push button without changing the first distance.                    




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