Appeal No. 96-0300
Application 08/090,285
display unit to be arbitrary since the location will depend
upon the size and shape of the display device.
With respect to this reasoning we disagree simply because
of the nature of the detailed recitations of the relationship
of the thumb operated control means located on the display
unit proximate at least one side of the display screen and
also proximate the hand grip portion, with further recitations
in claim 22 requiring that the thumb operating hand grip the
hand grip portions for user selection of information and for
all user selectable information functions. Thus, the
examiner’s position must be reversed. The extent and nature
of detailed recitations in claim 22 go well beyond the
examiner’s rationale of arbitrary design choices detailed
earlier.
Figure 10 of Vela shows that the plastic case 245 is
connected to the handle of the cart by means of a mid section
268. To the extent the examiner’s reasoning may be
interpreted such that it would have been obvious to the
artisan to vary the height and/or arrangement of the mid
section 268 of the display case 245 in Fig. 10, we observe
that col. 36, lines 48 through 50 state that "the case 245
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