Ex parte NAE YASUHARA et al. - Page 5




                Appeal No. 95-1428                                                                                                            
                Application 08/031,036                                                                                                        


                with the examiner's conclusions (Answer, page 3) concerning the                                                               
                interchangeability of input devices for data processing systems                                                               
                (e.g., graphic image processing systems and ATMs), and the                                                                    
                obviousness of mounting "Field's color and character pattern                                                                  
                selecting means on the key pad in view of Oka."  Stated                                                                       
                differently, we are of the opinion that the skilled artisan would                                                             
                have known that a touch panel screen, a keyboard and a mouse are                                                              
                interchangeably used to input data (e.g., character and color                                                                 
                data) to a data processing system.   In essence, we are not2                                                                    
                convinced by appellants' arguments throughout the brief that the                                                              
                skilled artisan would not have known to place character and color                                                             
                selections on keys of a key pad.                                                                                              
                         Notwithstanding our agreement with the examiner's position                                                           
                (Answer, page 3), we find that the examiner has not come to grips                                                             
                with the claimed invention as a whole.  For example, each of the                                                              
                claims on appeal requires an "executing key" mounted to the "top                                                              
                surface" of the switch pad/casing.  The "executing means" in                                                                  
                Field is a mouse, and it is not mounted to the "top surface" of                                                               


                         2As an aside, we note that the claims on appeal are couched                                                          
                in terms that are broad enough to read on both mechanical "keys"                                                              
                and electronic "keys."  The screen in Figure 5-1 of Field is an                                                               
                electronic "switch pad" or "casing," and the icons displayed on                                                               
                the "top surface" of the screen are electronic character and                                                                  
                color "selecting keys."                                                                                                       
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