Appeal 2007-0481
Application 10/654,049
make in the Briefs have not been considered and are deemed to be waived.
See 37 C.F.R. § 41.37(c)(1)(vii) (2004).3
ISSUES
The first issue is whether Appellant has shown that the Examiner
failed to establish a prima facie case of obviousness, because no reference of
record teaches a pair of spaced apart carbon fiber strips disposed on the
housing of the communication device.
The second issue is whether Appellant has shown that the Examiner
failed to provide proper motivation to combine the cited references,
specifically to modify the wireless telephone of Davis to include the carbon-
type transducers of Naboulsi.
FINDINGS OF FACT
1. Appellant invented a wireless telephone with a switch apparatus
disposed along its sides, so that a user may squeeze the telephone and
initiate one or more of the phone’s functions.
2. Appellant mounts a sensor composed of two parts, one part on
each side of a wireless telephone, such that squeezing of the telephone by a
user will activate the sensor (Specification, para. [0012]).
3. In one embodiment, Appellant’s sensor is composed as a pair of
carbon fiber strips 122 and 124, coupled via detection circuit 128 to
3 Appellant has not presented any substantive arguments directed separately
to the patentability of the dependent claims or related claims in each group,
except as will be noted in this opinion. In the absence of a separate
argument with respect to those claims, they stand or fall with the
representative independent claim. See In re Young, 927 F.2d 588, 590, 18
USPQ2d 1089, 1091 (Fed. Cir. 1991). See also 37 C.F.R. § 41.37(c)(1)(vii).
4
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