Ex parte MCCONNELL et al. - Page 6




          Appeal No. 95-3891                                                          
          Application 08/066,405                                                      

          claim does not preclude the "entry initiate signal" from being              
          generated by operation of one of the device category keys (i.e.,            
          the claimed "predetermined group of keys").                                 
                    The references relied on by the examiner are:                     
          Kocher et al. (Kocher)        4,386,436           May  31, 1983             
          Harger et al. (Harger)        4,566,034           Jan. 21, 1986             
          Platte et al. (Platte)        4,728,949           Mar.  1, 1988             
                    Claims 1-12 stand rejected under 35 U.S.C.  103 as               
          unpatentable over Platte in view of Kocher and Harger.  The brief           
          (at 4) indicates that apparatus claims 1 and 3-9 stand or fall              
          together and that method claims 2 and 10-12 stand together.                 
                    Platte discloses a remote control transmitter which               
          minimizes the number of keys by permitting each key 3 (Fig. 1) to           
          perform different functions at different times, with the current            
          function being indicated by an associated electronically                    
          controlled display element 2, such as an LCD element.  Platte               
          employs, for each device to be controlled, a separate plug-in               
          memory element (12, 13, 14) containing the formatting data                  
          required for that device (col. 4, lines 22-46).                             
                    In the Answer (at 2-4), the examiner quotes extensively           
          from a Board decision in a prior appeal in parent application               





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