Ex parte BUSCH et al. - Page 11




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

          switch and providing a switch which is actuated by both a                   
          user's digit and closure of the case would have been obvious                
          to one of ordinary skill in the art has failed to establish a               
          prima facie case of obviousness.  The single switch with                    
          multiple functions appears in all claims and the single switch              
          actuable by the user's digit and the case appears in                        
          claims 1-31.  The rejection of claims 1-38 is reversed.                     

          (4) Switching based on period of button depression                          
               The examiner discusses how to integrate the functions of               
          normal, standby, and sleep modes into a single switch in the                
          Office action of Paper No. 4 (pages 3-4, para. 25).  To the                 
          best of our understanding, the examiner seems to say that it                
          would have been obvious to enter the sleep mode when the                    
          switch is held down because that is what happens with case-                 
          closed switches in the prior art, and to switch between normal              
          and standby modes depending on whether the system was                       
          previously in the normal or standby mode.  This discussion                  
          does not clearly address switching between three functions                  
          based on time.  For example, although prior art case-closed                 
          switches remain held down for a long time, this is a mere                   
          incident of operation; presumably the switch triggers a sleep               
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