Ex parte BUSCH et al. - Page 8




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

          (specification, page 4) and, presumably, returns the computer               
          to a normal mode when pushed again.                                         
               The examiner found that "it was notoriously well known                 
          that some portable computers had a sensor which noticed when                
          the case was closed to power down the computer, but not to                  
          remove the power from certain elements such as RAM memory"                  
          (Paper No. 4, page 3).  Appellants disagree with this finding               
          of "notoriously well known" prior art.  However, as discussed               
          in the section entitled "Appellants' arguments," infra, we                  
          find that appellants admitted in the specification that                     
          separate case-closed switches to put a portable computer in a               
          sleep mode were known.  The admitted prior art discloses two                
          separate switches, one actuable by a user's digit to switch                 
          between a normal and standby mode and one actuable by closing               
          the case to switch to a sleep mode.                                         
               The examiner recognized that one difference between the                
          prior art and the claimed invention is the claimed use of a                 
          single button to place the laptop computer into one of many                 
          modes (Paper No. 4, page 4; EA4, EA7).  The examiner concluded              
          that "[i]t clearly would have been obvious to have implemented              
          the true sleep mode as notoriously well known to those skilled              

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