Appeal No. 2006-0743 11
Reexamination Control No. 90/006,690
does not disclose the touch sensitive pad includes a capacitance sensor; thus,
capacitance sensor is well known in the art and such sensitive touch pad with
capacitance sensor is taught by Simon (col. 4, lines 39-50). At the time of the
invention, it would have been obvious to one of ordinary skill in the art to utilize
a capacitive sensor that is very effective in response to the human touch.
The appellant argues that Simon teaches away from the combination proposed by the
examiner. Specifically, the appellant argues that for safety purposes the switch in Simon only
operates when a human hand is placed squarely on the housing of the soft touch switch. In
contrast, a particular hand placement is not required to operate the claimed touch sensitive pad.7
The appellant concludes that the modification proposed by the examiner would defeat the
purpose of Simon. Brief at 8-9. We disagree.
7 We note that the appellant’s claimed invention does not exclude the particular hand
placement disclosed in Simon.
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