Appeal No. 2000-1711
Application 08/808,870
claimed character selection control. However, Metroka teaches
the data entry device can be used in a pager (col. 8, line 36)
and that it is an improvement in terms of size, weight, and cost
over keypads (col. 2, lines 3-9; col. 8, lines 55-59). One of
ordinary skill in the data entry art would have been motivated to
substitute the data entry device of Metroka for the keypad of the
pager in Zabarsky because Metroka expressly describes the
advantages of such a data entry device over a keypad and
expressly suggests it can be used in a pager. The fact that
Zabarsky states that the page "preferrably" has a full
alphanumeric keyboard does not "teach away" from using the data
entry device in Metroka. "A reference may be said to teach away
when a person of ordinary skill, upon [examining] the reference,
would be discouraged from following the path set out in the
reference, or would be led in a direction divergent from the path
that was taken by the applicant." In re Gurley, 27 F.3d 551,
553, 31 USPQ2d 1130, 1131 (Fed. Cir. 1994). The term
"preferrably" only expresses a preference; it does not state that
other types of character input devices will not work and, so,
does not teach away. For these reasons, we sustain the rejection
of claims 1, 3-12, 15-25, 28, and 29 over Metroka and Zabarsky.
Claim 2
- 8 -
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007