Ex parte HUBBARD - Page 7




          Appeal No. 96-2995                                                           
          Application 08/383,608                                                       


          When an artisan is directed to use a generic device in a                     
          prior art teaching and there is no indication that one species               
          is better or worse than any other, the artisan would expect                  
          any of the conventionally known species to be equally                        
          selectable for use.  The situation here is not one where the                 
          artisan must choose from an extremely large number of                        
          possibilities with no expectation of success.  Rather, the                   
          artisan here would have been aware that there were only a                    
          relatively small number of no-hands- required switches which                 
          could be activated to perform a non-steering function, while                 
          the driver continues to keep his hands on the steering wheel.                
          The switch shown by Rakos is activated in response to the                    
          pressure between the arms and the body of the operator [column               
          2, lines 3 to 4].  Rakos' switch, thus, performs substantially               
          the same function as the disclosed and claimed switch.                       
               Next, Appellant argues that Kawana does not recognize the               
          problem of a busy driver needing his hands and legs for normal               
          vehicle control actions, and that none of the cited references               
          recognize[s] the problem of the busy driver [brief, page 12].                
               We disagree.  Kawana expressly discloses the use of the                 
          handgrip of the bus driver to activate the message playback                  
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