Ex parte PODWALNY et al. - Page 6

          Appeal No. 95-3338                                                           
          Application 07/994,035                                                       

                    The examiner has presented no evidence of any computer             
          cover having a window.  But, even if we agree that some cassette             
          players might have a window through a cover so as to permit                  
          inspection of the amount of audio or video tape on the feed and              
          take-up spools, the examiner has given us no evidence to suggest             
          why a skilled artisan would have been led to adapt such a                    
          teaching to provide for a window in the cover of a computer so               
          that a portion of the computer screen may be viewed with the                 
          cover in the closed position.                                                
                    Of course, we can agree that windows, per se, were old             
          and well known, but that is no reason, without more, to include a            
          window in the cover of a computer.  A window in cassette players             
          for observing tape quantity used and/or remaining is simply not              
          relevant, in our view, to placing a window in the cover of a                 
          computer to permit viewing of a portion of a computer screen with            
          the cover in the closed position.  It would appear that the only             
          suggestion for providing such a window comes from appellants' own            
          disclosure and that disclosure may not properly be the basis for             
          a finding of obviousness under 35 U.S.C. 103.                                
                    In the alternative rejection of the claims under 35                
          U.S.C. 103, the examiner relies on York for everything but the               
          claimed hinges and write-on features and cites Moser for the                 


Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007