Appeal No. 98-3292
Application 08/611,848
planes in question are part of the keypad itself, the
specification of the present application seems to indicated
that the first and second planes are some other planes of the
overall call receiving device with which the key sets are
apparently operatively or functionally associated to
electrically activate some portion of the device. However,
claims 1 through 4, 12 through 15 and 17 through 20 are
directed to a key pad per se, without any recitation of the
type of device or other structure with which it might be
associated. Although claim 6 on appeal is directed to a
“selective call receiver assembly” which includes a keypad
wherein the sets of keys are all integrally formed on one
contiguous keypad, the recitations concerning the first and
second planes are still ambiguous since
such planes are not clearly and properly defined in the
context of what appellants view as their invention. The
recitation in claims 4, 11 and 15 that the third set of keys
includes a pair of keys residing under a rocker switch, and in
claim 12 concerning the third set of keys “residing below a
rocker switch and further residing on a second plane”
(emphasis added), merely adds to the confusion about exactly
what structure is being defined in these claims.
In view of the foregoing, the examiner's decision
rejecting claims 19 and 20 under 35 U.S.C. § 112, first
paragraph, is affirmed, but the decision rejecting claims 1
through 4 and 18 through 20 under 35 U.S.C. § 102(e) relying
on Grant, the decision rejecting claims 6, 7 and 10 under 35
U.S.C. § 102(b) based on Gutman, and the decision rejecting
claims 8, 9, 11 through 15 and 17 under 35 U.S.C. § 103 are
each reversed. In
addition, pursuant to 37 CFR § 1.196(b), we have entered a new
ground of rejection against claims 1 through 4, 6 through 15
and 17 through 20 on appeal under 35 U.S.C. § 112, second
paragraph.
The decision of the examiner is affirmed-in-part.
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