Ex Parte ORLOFSKY - Page 13




            Appeal No. 2000-0377                                                                         
            Application 08/777,841                                                                       

            ordinary skill in the art would have been motivated to use a                                 
            visual indication of such mechanical switches when present.                                  
                  As to the arguments about lack of motivation to combine, we                            
            are not particularly persuaded by the Examiner's reasoning in the                            
            final rejection or the examiner's answer.  Nevertheless, the APA                             
            expressly provides motivation to display the position of toggle                              
            or rotary switches in addition to the status of indicator lights                             
            for the purpose of remote viewing of settings of electronic                                  
            circuits.  Thus, we find the motivation to be present in the APA.                            
                  Appellant has not shown error in the prima facie case of                               
            obviousness.  The rejection of claim 6 is sustained.                                         
                                              CONCLUSION                                                 
                  The rejections of claims 1, 3-5, and 7-17 are reversed.                                
                  The rejection of claim 6 is sustained.                                                 
                  No time period for taking any subsequent action in connection                          
            with this appeal may be extended under 37 CFR § 1.136(a).                                    
                                          AFFIRMED-IN-PART                                               



                              LEE E. BARRETT                       )                                     
                              Administrative Patent Judge          )                                     
                                                                   )                                     

                                                                   ))  BOARD OF PATENT                   
                              MICHAEL R. FLEMING                   )     APPEALS                         
                              Administrative Patent Judge )       AND                                    
                                                                   )   INTERFERENCES                     
                                                                   )                                     

                                                - 13 -                                                   





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007