Ex parte BUSCH et al. - Page 7




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

          interpreted as a user power management command and sustained                
          actuation is interpreted as a case closed condition;                        
          independent claim 30 recites "at least two modes of                         
          operation"); (3) the single button is actuable by a user's                  
          digit and is also positioned to be actuated by closing the                  
          case and cover (claims 1-31); and (4) switching between modes               
          (independent claims 1, 2, 4, 30, and 32) or interpretation of               
          switch operation as a user power management command or case                 
          closed condition (independent claim 3) depends upon the                     
          duration the button is depressed.  Features (1), (3), and (4)               
          are considered dispositive of the obviousness issue.                        

          (1) Single button that performs multiple functions                          
          (3) Single button actuable by user's digit and case closure                 
               The examiner concludes that it would have been obvious                 
          from Carter to switch from the normal mode to the sleep or                  
          standby mode, and vice versa, by pressing a button (Paper                   
          No. 4, page 3).  We agree.  Appellants do not contest this                  
          teaching of Carter (see appellants' description at Br6,                     
          lines 3-16).  However, Carter teaches no more than the                      
          admitted prior art, which discloses a "Standby Button which,                
          when pushed, puts the computer into a Standby Mode"                         

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