Appeal No. 1999-2591
Application No. 08/628,995
respectively representing different switch positions. In the
instant disclosure, this refers to the separate control of the
integer numbers and fractional numbers, as depicted in instant
Figure 5. It is for this reason that we will not sustain the
rejection of claim 7 under 35 U.S.C. 103. We are not convinced
by appellants’ argument, at page 18 of the principal brief,
regarding the depression of a mouse button “for more than a
predetermined time while the cursor is on the icon” because the
examiner makes a good point, at page 6 of the answer, that the
difference between a “click” command and a “scroll” command,
using a mouse, was known and that force must be applied to the
mouse control while the cursor is placed on an arrow a
“predetermined time longer than a ‘click’ to indicate scrolling
is desired” [answer-page 6]. The claimed limitation of the
processor responsive to depression of the mouse control button
“for more than a predetermined time while the cursor is on the
icon” does not appear to preclude any and all amounts of time a
user may depress a mouse control button. But, in any event, we
will not sustain the rejection of claim 7 under 35 U.S.C. 103
because, in our view, the claimed “switches” are nowhere
suggested by the applied references.
Similarly, and even more so, we will not sustain the
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