Ex parte PALALAU et al. - Page 7




                 Appeal No. 1999-2068                                                                                                                   
                 Application 08/650,038                                                                                                                 


                           On pages 5 and 6 of the Appeal Brief (hereinafter                                                                            
                 "brief"), Appellants assert that the Examiner does not provide                                                                         
                 any indication of any suggestion or motivation to make the                                                                             
                 modification and combination of the cited references from                                                                              
                 within the references themselves, and the Examiner is not                                                                              
                 entitled to rely on Appellants' disclosure or claims to                                                                                
                 provide the necessary motivation to modify the teachings of                                                                            
                 the prior art or to make a combination of the references.                                                                              
                           In addition, Appellants argue  that both Yano and   5                                                                        
                 Fujisawa teach away from the Examiner's proposed combination.                                                                          
                 Firstly, as to Yano, Appellants assert that Yano discloses6                                                                            
                 that the primary object of his invention is to provide a touch                                                                         
                 screen device where switches are displayed directly on a touch                                                                         
                 screen.  Therefore, if one were to modify the teachings of                                                                             
                 Yano and separate the activation switches from the display                                                                             
                 screen, that would defeat the very object of Yano.                                                                                     
                           Secondly, as to Fujisawa, Appellants argue that the                                                                          
                 Fujisawa system is taught to operate only when the vehicle is                                                                          


                          5Brief, pages 6-9.                                                                                                            
                          6Column 1, line 56 through column 2, line 19.                                                                                 
                                                                           7                                                                            





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