Appeal 2007-0919
Application 10/179,555
the display area (58) (col. 6, ll. 29-34 and figure 2). In the second mode of
operation, audible feedback is enabled and the background, UP-AUDIO
RIDGE, or DOWN-AUDIO RIDGE sounds are produced when the user
touches the touch panel. Subsequently, a user can convert back to the first
mode of operation by applying an opposing gesture—by pressing against the
upper left hand side of the display (60) and drawing rightward across the top
of the display (62) (col. 6, ll. 36-39). Once the first mode of operation is
selected, the audible feedback function is disabled and no sounds are
produced when the user touches the panel (col. 6, ll. 18-26).
PRINCIPLES OF LAW
In rejecting claims under 35 U.S.C. § 103, the Examiner bears the
initial burden of establishing a prima facie case of obviousness. In re
Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). See
also In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir.
1984). The Examiner can satisfy this burden by showing that some
objective teaching in the prior art or knowledge generally available to one of
ordinary skill in the art suggests the claimed subject matter. In re Fine, 837
F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). Only if this initial
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