Ex parte JAEGER - Page 7




          Appeal No. 1998-3127                                                        
          Application No. 08/703,418                                                  


          result in the invention as set forth in independent claim 1                 
          (Brief, page 7).  After careful review of the applied prior                 
          art in light of the arguments of record, we are in agreement                
          with Appellant’s position as stated in the Briefs.                          
               Our review of Leeder finds that, contrary to the                       
          Examiner’s interpretation, while a message is provided on the               
          programmable keys that changes according to the programmed key              
          function, there is no suggestion that such message is related               
          to the function performed by the keys.  The Examiner at least               
          impliedly recognizes this shortcoming of Leeder since the                   
          stated rationale for modifying Nishimura with Leeder rests                  
          solely on a desire to provide a user with a feedback                        
          indication that a desired key function has been initiated.  In              
          our view, however, the resulting modification of Nishimura                  
          with Leeder would at best provide an indication to a user that              
          a particular switch button has been pressed, but there would                
          be no indication that a particular station selected by                      
          depression of the switch button would be identified as                      
          required by claim 1.                                                        
               As to the Examiner’s assertion (Answer, page 7) that,                  
          since the disclosed programmable key of Leeder can have any                 
                                          7                                           





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