Appeal No. 96-0899
Application 07/863,216
Appellants also argue that claim 5, as well as claim
10, requires that each module includes the selectively operable
order keys, associated visual indicators and a multi-character
display. However, this is exactly what Auer teaches, albeit not
as disclosed by appellants, wherein the touch-sensitive display
surface of the bedside terminals has a plurality of touch-
sensitive areas thereon and each area is a "selectively operable
order key." Also, the visual indication resulting from the touch
of each of these areas is an "associated visual indicator" and
the display, showing alphanumeric characters, is clearly a
"multi-character display," as claimed.
At pages 9-10 of the brief, appellants present
arguments relative to the object of the present invention as set
forth in the instant specification. However, as explained supra,
it is not the object of an invention as presented in the
specification against which we apply the prior art but, rather,
the prior art is applied against the invention, as set forth in
the claims. Appellants' arguments are not commensurate with the
claimed invention as set forth in claim 5.
Accordingly, we will sustain the rejection of claim 5,
as well as that of claim 7, under 35 U.S.C. 103.
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