Ex Parte Miller - Page 5

              Appeal Number: 2006-1996                                                                                                         
              Application Number: 10/459,679                                                                                                   

              the docking station 200 of Randolph as a drawer.  We note that the examiner has                                                  
              relied upon the dictionary definition of a “drawer”, but in our view the reasonable                                              
              and customary meaning of the term “drawer” does not include the pivoting and                                                     
              locking structure shown by Randolph.  In other words, a drawer translates                                                        
              substantially horizontally, while the docking station of Randolph merely pivots                                                  
              around pivot 202.                                                                                                                
                     We will, however, sustain the rejections under § 102 and § 103 based on the                                               
              evidence of D’Souza and D’Souza in view of Lin.  We agree with the examiner                                                      
              that the claimed subject matter is extremely broad and all that is required is a                                                 
              drawer that is large enough to support a laptop computer and auxiliary computer                                                  
              keyboard. The claims say nothing about the arrangement or configuration of these                                                 
              items in the drawer, and we agree with the examiner that they could be stacked, for                                              
              that matter.  The claims do not specify that these supported articles be in any kind                                             
              of use position.                                                                                                                 
                     Furthermore, with respect to the obviousness rejections, we agree with                                                    
              examiner that it would have been obvious to one of ordinary skill in the computer                                                
              furniture art to modify the keyboard slide drawer of Lin or the drawer of D’Souza                                                
              to support both the laptop computer and the auxiliary computer keyboard if such                                                  
              was desired.  We note the teaching that typing on a laptop keyboard is sometimes                                                 
              uncomfortable and an auxiliary keyboard is often desired (D’Souza, col. 1, ll. 20-                                               
              61).  Pull out drawers are old and well known, and the idea that one might make a                                                
              drawer larger to contain more articles is well known in the furniture arts.  For this                                            
              reason the rejection of claims 1-3 and 6-8 as anticipated by D’Souza and the                                                     
              rejection of claims 4 and 5 as unpatentable over D’Souza in view of Lin are                                                      
              affirmed.                                                                                                                        


                                                           5                                                                                   









Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: September 9, 2013