C. Senior Party
3. Motionless Keyboard Company is the real party in interest in Gambaro >322, which was
filed on January 11, 1993. (Paper No. 10, Notice Pursuant to 37 CFR '1.602; Paper No. 1,
Notice Declaring Interference). Gambaro >322 is said to be a continuation-in-part of Gambaro
U.S. Application No. 07/711,760 (Gambaro >760) filed June 6, 1991 now U.S. Patent No.
5,178,477. (Gambaro >322, front page). Gambaro >322 has not been accorded the benefit of the
Gambaro >760 filing date. (Paper No. 65, Decision on Preliminary Motions).
D. The Count
4. This interference was declared on January 20, 1998. (Paper No. 1 and 2, Notice
Declaring Interference). Count 1 is the sole count in the interference. (Paper No. 1 and 2,
Notice Declaring Interference; Paper No. 65, Decision on Preliminary Motions). Count 1, which
is identical to Gambaro=s claim 1 and Goddard=s claim 26, reads as follows (material in brackets
[ ] added):
Count 1
[1] A hand-held device [2] for entering information into an electronic system via a
keyboard, the device comprising:
[3] a housing having a grippable portion which permits the device to be held in
one hand with the thumb free to move at least temporarily to a predetermined
key-actuation position while the device is held,
[4] a concavity in said housing at said key-actuation position, and
[5] a thumb-associable cluster of keys forming a keyboard within said concavity,
each of the plurality of keys in said cluster being selectively actuable via mixed
lateral, and slight endo, translation of a thumb within said concavity, [6] whereby
information is entered into an electronic system.
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