Ex Parte GRIENCEWIC - Page 2




              Appeal No. 2003-0160                                                                                       
              Application No. 08/971,320                                                                                 


                     Appellant's invention relates to an illuminated pointing device for a computer.  An                 
              understanding of the invention can be derived from a reading of exemplary claim 1,                         
              which is reproduced below.                                                                                 
                     1. A pointing device for a computer, wherein the pointing device is                                 
                     selected from the group consisting of a touchpad, a mouse, a point stick,                           
                     a joystick and a trackball, the pointing device comprising:                                         
                            a sensor to translate movement by a user of the computer to a                                
                     signal representing a desired corresponding change in the position of a                             
                     pointer on a display of the computer;                                                               
                            a communications link over which the signal is sent to the                                   
                     computer;                                                                                           
                            a housing having one or more illuminated exterior surfaces to                                
                     render the device visible in a low-light or no-light environment; and                               
                            a user-operable button for providing a user input.                                           
                     The prior art of record relied upon by the examiner in rejecting the appealed                       
              claims is as follows:                                                                                      
              Guscott et al. (Guscott)                  4,728,936                           Mar. 1, 1988                 
              Siefer et al. (Siefer)                    5,153,386                           Oct. 6, 1992                 
              Stephan et al. (Stephan)                  5,748,185                           May 5, 1998                  
              (filed Jul. 3, 1996)                                                                                       
                     Claims 1, 2, 4, 5, 10, 11, and 13-15 stand rejected under 35 U.S.C. § 103 as                        
              being unpatentable over Stephan in view of Siefer.1  Claims 1, 2, 4, 5, 10, 11, and 13-                    


                     1  Here, we note that the examiner has not made a rejection under 35 USC § 112                      
              with respect to dependent claims 5 and 11 which appear to improperly depend from                           
              cancelled claims(their dependency is left blank in the appendix to the brief.)                             
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