Appeal No. 1998-0631 Application 07/957,990 grouped. The rejection of claims 26, 97, 117, and 119 is sustained. 35 U.S.C. § 103 Claims 12, 14-16, 25, 45-47, 114-116, 118, 138-140, 206, 210, and 211 Seventh issue - claim 206 The Examiner states (OA12): [W]here the "Human Factor" publication teaches using pressure transducers with selected ones of the keys, the transducers thus "collect data" from selected points on the keyboard; one skilled in the art would have appreciated that such "selected points" may be varied as to (i) the desired number of points, and (ii) the desired physical arrangement of the points on the keyboard, to achieve the desired result. Therefore, it would have been obvious to choose as the "selected points" in the "Human Factor" publication the four "corners" of the keyboard, i.e. under keys closest to the corresponding corners. Appellant argues that had the claims been twice rejected, Appellant could have had the opportunity to ask, in view of In re Ahlert, 424 F.2d 1088, 165 USPQ 418 (CCPA 1970), for a statement by the Examiner of the basis the reasoning (Br21). Appellant argues that since the claim is on appeal, it can only be argued that the obviousness rejection must fail due to absence of any statement of the - 24 -Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NextLast modified: November 3, 2007