Appeal No. 1999-0564
Application 08/398,834
proposed by the examiner is improper because it would
eliminate the display from the Bowen computer, making it
inoperable for its intended purpose [brief, pages 9-10].
We agree with the position argued by the examiner. As
pointed out by the examiner, the proposed modification does
not replace Bowen’s display with a touch sensitive pad because
Bowen discloses that display 84 may also be a touch sensitive
display [column 7, line 14]. Therefore, all the examiner
proposes to do is modify the touch sensitive display of Bowen
to respond to pressure as taught by IBM. Under this
modification, the Bowen computer would still operate for its
intended purpose.
In summary, the examiner has established a prima facie
case of the obviousness of representative claim 2.
Appellant’s only argument in rebuttal is not agreed with and
is not persuasive of error in the rejection. Therefore, we
sustain the examiner’s rejection of all the appealed claims.
Accordingly, the decision of the examiner rejecting claims 2-
5, 13, 22 and 26-28 is affirmed.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
-7-
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