Appeal No. 1998-1775
Application 08/249,611
retaining and support means as
taught by Martin ‘067 for the
purpose of further facilitating
the unitary movement of computer
mouse and support while
maintaining the support to the
user’s wrist and forearm.
[Examiner’s answer at page 4].
We do not agree with the conclusion of the examiner. Claim 1
requires that the support have an “outward incline from said
bottom surface to said top surface.” There is nothing in
either Martin or Nash to suggest that the inward inclined
surface of Martin be modified to form an outward inclined
surface. In our view, the only suggestion for modifying the
inward inclined surface of Martin so as to be an outward
inclined surface stems from impermissible hindsight knowledge
derived from appellant’s own disclosure.
In addition, in our view, there is no suggestion to
combine the teachings of Nash and Martin, as Nash discloses a
forearm support and does not disclose, suggest, or teach that
there is a the need for supporting the wrist or hand and
Martin discloses a wrist and hand support and does not
suggest, disclose or teach the need for supporting the
forearm.
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