Appeal No. 1997-4068
Application No. 08/296,219
examiner’s answer (Paper No. 11) and the appellants’ brief
(Paper No. 10) and reply brief (Paper No. 12).
Opinion
We will not sustain the provisional rejection of claims
3-5 and 8 over claim 2 of application Serial No. 08/451,803 in
view of Glynn or the provisional rejection of claims 6 and 7
over claim 2 of application Serial No. 08/451,803 in view of
Glynn and McLaughlin. According to U.S. Patent and Trademark
Office records, application Serial No. 08/451,803 is now
abandoned. Accordingly, claim 2 thereof is no longer evidence
on which a double patenting rejection can be based.
We will not sustain the rejection of claims 3-5 and 8
under 35 U.S.C. § 103 over Glynn in view of Asano. We agree
with appellants that neither reference teaches or suggests
that data transferred to a portable, hand-held data storage
unit from a computer system in response to user control
signals is transferred back to the computer system. The
examiner concedes to the effect that Glynn does not disclose
transmitting the stored command data back to the computer 23
from the data processing mouse 1. As noted by the examiner,
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