Appeal No. 95-2189
Application 08/104,872
Broos 4,369,439 Jan. 18,
1983
Hassel et al. (Hassel) 5,219,136 June 15,
1993
Nassimbene, E.G., “Mouse/Keyboard Concept Incorporating Unique
Devices for Controlling CRT Display Cursors”, IBM Technical
Disclosure Bulletin, March 1985, pages 6299-6305.
OPINION
Claims 2-9 and 15-17 stand rejected under 35 U.S.C.
§ 112, second paragraph, as being indefinite for failing to
particularly point out and distinctly claim the subject matter
which applicant regards as the invention. Claims 2-17 stand
rejected under 35 U.S.C. § 103 as unpatentable over Hassel in
view of Broos and Nassimbene.
Indefiniteness
First, the examiner states that it is not clear how
an upper end of the surface defines the surface. In light of
the disclosure, we find the language sufficiently definite.
An upper end of a surface may help define a surface and we
detect no ambiguity.
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