Ex parte GIFFORD - Page 24




          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                  



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