Ex parte BUSCH et al. - Page 6




          Appeal No. 96-2444                                                          
          Application 08/360,194                                                      

          separate "case-closed" button to put the computer into a sleep              
          mode.                                                                       
                                    THE REJECTION                                     
               Claim 1-38 stand rejected under 35 U.S.C. § 103 as being               
          unpatentable over Carter.  As noted supra, we also consider                 
          the admitted prior art in the rejection.                                    
               We refer to the Office action entered September 23, 1992,              
          (Paper No. 4), the first Final Rejection entered                            
          April 7, 1993, (Paper No. 7), and the Examiner's Answer (Paper              
          No. 25) (pages referred to as "EA__") for a statement of the                
          examiner's position and to the Brief (Paper No. 24) (pages                  
          referred to as "Br__") for appellants' position.                            
                                       OPINION                                        
               There are four main features in the claims:  (1) a single              
          switch on a portable computer that performs multiple functions              
          (independent claims 1, 2, 4, 30, and 32 recite that the switch              
          changes power management modes; independent claim 3 recites                 
          that the switch indicates a user power management command or a              
          case closed condition); (2) the number of modes (independent                
          claims 1, 2, 4, and 32 recite three modes; independent claim 3              
          recites no particular modes, but that momentary actuation is                

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