Ex parte BYDLON et al. - Page 14




         Appeal No. 2000-0652                                     Page 14          
         Application No. 08/868,774                                                


              After the scope and content of the prior art are                     
         determined, the differences between the prior art and the                 
         claims at issue are to be ascertained.  Graham v. John Deere              
         Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                         


             Based on our analysis and review of Balkwill and claim               
         25, it is our opinion that the only difference is the                     
         limitation that the housing exterior periphery comprises                  
              a projecting abutment for digit engagement, said abutment            
              comprising an ergonomically curved surface axially                   
              arranged along said housing length for abutting contact              
              by a first digit of a hand of a user when said housing is            
              grasped within the hand of the user such that a second               
              digit of the hand of the user may operate said actuator,             
              whereby abutting contact of the first digit with said                
              abutment permits application of a generally axial force              
              by the first digit on said abutment in a direction                   
              generally opposite to an axial force applied to said                 
              actuator during advancement of said actuator from said               
              first position to said second position.                              


              In applying the above-noted test for obviousness, we                 
         reach the conclusion that it would have been obvious at the               
         time the invention was made to a person of ordinary skill in              
         the art to provide the outer surface of Balkwill's housing 20             
         with a configuration as taught and suggested by Ben Moura's               








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