Appeal No. 1999-2591
Application No. 08/628,995
direction controls scrolling of the fractional number switch.
We find nothing, whatsoever, in any of the cited references which
remotely resembles or suggests such subject matter. The examiner
states that this would have been obvious because “horizontal
movement of mouse would allow scrolling in a way similar to the
vertical movements of mouse. It would be a matter of desire
[sic. design?] choice to either move the mouse vertically or
horizontally because that does not change the diagnostics of the
device” [answer-page 5]. The examiner misses the point. It is
not a matter of choosing a particular direction in which to move
the mouse. Rather, in the instant claimed invention, movement of
the mouse in one direction controls one switch (an integral
number switch) while movement of the mouse in the orthogonal
direction controls another switch (a fractional number switch).
The applied references are completely devoid of any suggestion
anent this claimed subject matter. We will not sustain the
rejection of claim 6 under 35 U.S.C. 103.
With regard to independent claims 7 and 13, and claims 8-12
and 14-18, dependent thereon, we also will not sustain the
rejection of these claims under 35 U.S.C. 103. Similar to claim
4, claim 7 recites “switches” being represented by icons, with
each switch having assigned thereto a list of indicia
9–
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