Appeal No. 2002-2037
Application No. 09/128,706
of a rocker switch, we find that the circles change size relative
to themselves while maintaining the same distance therebetween,
giving the illusion of tilting the rocker switch.
While Crutcher displays a three-dimensional rocker switch,
Crutcher’s representation is not accomplished by displaying two
ovals separated by a first predetermined distance, then separating
the ovals by a second predetermined distance. In other words,
Crutcher does not describe or suggest a three-dimensional
representation of a depressed mechanical push button as claimed.
Consequently, we are constrained to reverse this rejection.
The Rejection of Claims 2, 3, 10, and 11 Under 35 U.S.C. § 103(a)
Claims 2, 3, 10, and 11 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Crutcher in view of Jones. As
we have reversed the underlying rejection of claim 1, and these
claims depend from claim 1, we likewise reverse this rejection for
the reasons enumerated above.
Summary of Decision
The rejection of claims 1, 4, 5-9, and 12-14 under 35 U.S.C.
§ 103(a) as being unpatentable over Crutcher is reversed.
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