Appeal No. 1997-0800
Application No. 08/382,926
legally recognizable 'heart' of the invention." Para-Ordnance
Mfg. v. SGS Importers Int’l, Inc., 73 F.3d 1085, 1087, 37
USPQ2d 1237, 1239 (Fed. Cir. 1995) (citing W. L. Gore &
Assocs., Inc. v. Garlock, Inc., 721 F.2d 1540, 1548, 220 USPQ
303, 309
(Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984)).
With regard to the rejection of claims 26 and 27
under 35 U.S.C. § 103 as being unpatentable over Robinson in
view of
Darroch, Appellant argues on pages 4 and 5 of the brief that
Darroch does not allow a user to type on a keyboard when
wearing its device, that only Appellant uses velocity
commands, and that Appellant’s translation of commands is so
simple that command translation is done on the glove itself.
These arguments fail at the outset because they are
not based on limitations appearing in the claims. Thus,
ability to use a keyboard with the glove on, use of velocity
commands and where command translation is performed are
5
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