Ex parte AUBER et al. - Page 8




          Appeal No. 95-3158                                                          
          Application 08/038,424                                                      

          of the housing, in our view there would have been insufficient              
          motivation for one with ordinary skill in the art to use Haskins'           
          multiple recessed grooves in either Aoki or Kirchgessner.                   
               In Haskins, the multiple grooves are designed for                      
          alternative line cords.  A long line cord for desk mounting would           
          go into the long groove, and a short line cord for wall mounting            
          would go into the shorter groove (column 1, lines 15-23).  Where            
          the same cable is used as in the pointing devices of Aoki and               
          Kirchgessner, one with ordinary skill in the art would not have             
          been led to use Haskins' multiple grooves.                                  
               Even assuming that Haskins' multiple grooves for the line              
          cord (not the handset cord) would have been reasonably suggested            
          for use with the cable of Aoki or Kirchgessner, Haskins would not           
          have reasonably suggested the specific arrangement of the                   
          multiple channels as required by the claimed invention.                     
          According to claim 1, the recessed channels must (1) extend                 
          orthogonally relative to each other, and (2) intersect where the            
          cable passes through the bottom wall of the housing.                        
               In Haskins' Figure 3 embodiment, the optional groove for               
          wall mounting is not shown and thus to say that the channels                
          would meet the requirements of claim 1 amounts to mere                      
          speculation and is improper.  In Haskins' Figure 1 illustration             


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