Appeal No. 1997-0403
Application 08/174,215
special function key is active are identical to signals
provided by said selected keys to said keyboard controller
when said special function key is not active" (emphasis
added). This distinguishes over Franz where in the pointing
mode, the system reads the sensors (figure 10, box 148)
rather than the scan key code. Franz uses different signals
depending on whether it is in the typing mode or the
pointing mode. The Examiner does not address these claim
limitations and has failed to establish a prima facie case
of obviousness. The rejection of claim 11 is reversed.
Although we have reversed the rejection of claim 11, we
comment on Appellants' argument that "[n]owhere do any of
the Takeda, Franz, et al., or Grant patents disclose or
suggest movement in a diagonal direction upon simultaneous
activation of two of the selected keys" (Br13).
The Examiner disagrees "since a mouse pointer can be
moved in a diagonal direction on a display when a user
simultaneously activates two of the selected keys (218, J or
K keys)(see column 9, lines 51-58)" (EA8).
It is not clear that a diagonal direction can be
achieved with the multi-purpose keyswitch in Franz. Franz
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