Ex Parte GRIENCEWIC - Page 8




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


              analysis by appellant as to support this contention.  Rather, we find that appellant has                   
              set forth rather broad structural and functional limitations to cover a wide range of                      
              pointing devices and thereby allowing the prior art to suggest the invention as recited in                 
              the express language of independent claim 1.  In the reply brief, appellant essentially                    
              reiterates the same arguments that we have not found persuasive above.  Therefore,                         
              we will sustain the rejection of independent claim 1 and independent claims 4, 10, and                     
              13-15 and their dependent claims which appellant has elected to group therewith over                       
              the combination of Stephan and Siefer.                                                                     
                     With respect to the combination of Stephan and Guscott, the examiner applies                        
              Guscott in the same manner as Siefer, and appellant has made similar arguments as                          
              above which we have not found persuasive.  In the reply brief, appellant essentially                       
              reiterates the same arguments that we have not found persuasive above.  Therefore,                         
              we will sustain the rejection of independent claim 1 and independent claims 4, 10, and                     
              13-15 and their dependent claims which appellant has elected to group therewith over                       
              the combination of Stephan and Guscott.                                                                    




                                                    CONCLUSION                                                           
                     To summarize, the decision of the examiner to reject claims 1, 2, 4, 5, 10, 11,                     
              and 13-15 under 35 U.S.C. § 103 is affirmed.                                                               

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