Ex parte MAYNARD JR. - Page 4




          Appeal No. 1999-1995                                                        
          Application No. 08/772,840                                                  


               Appellant (Brief, page 4) points to column 9, lines 5-10,              
          of Culver as evidence that the cylinder cannot be a support                 
          for an appendage.  Specifically, Culver states (column 8, line              
          68-                                                                         
          column 9, line 5) that "a downward push by the hand on                      
          cylinder 64, on shaft 62, or on either of a pair of end pads                
          165 (FIG. 3) coupled to frame 68 is sufficient to actuate                   
          switch 156, the switch being normally open and is closed when               
          cylinder 64 moves downwardly."  In other words, pressure on                 
          the cylinder enables the mouse input circuit.  For the                      
          cylinder to "support" the user's hand or arm, the cylinder                  
          must be able to withstand a certain amount of downward force                
          or pressure without actuating switch 156.  Thus, we agree with              
          appellant that Culver appears to teach away from using the                  
          cylinder to support a user's appendage, and any other                       
          interpretation of Culver would be unreasonable.                             
               In addition, appellant (Brief, page 4) points to Culver's              
          use of an additional element on which to rest the palm of the               
          hand as further evidence that Culver's cylinder is not to be                
          used for support for a user's appendage.  In particular,                    


                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007