Ex Parte WICKS et al - Page 6




                 Appeal No. 2000-2226                                                                          Page 6                             
                 Application No. 08/827,107                                                                                                       


                 zero digit key."  Accordingly, the claim requires displaying an image of a 3x3 array of                                          
                 digit keys and a zero digit underneath the array and moving a joystick downward twice                                            
                 to highlight the zero digit key with a cursor.                                                                                   


                         As aforementioned, the examiner relies on item 13 of Nishiyama.  Although the                                            
                 item may be a 3x3 array of digit keys having a zero digit underneath the array, it is not                                        
                 an image on a display.  To the contrary, the item is a “plurality of button keys mounted                                         
                 on said key panel member on the front side of said telephone case,” col. 10, ll. 8-9, i.e.,                                      
                 a physical, numeric keypad.  The examiner fails to allege, let alone show, that the                                              
                 addition of Macor or Harrison cures the deficiency of the primary reference.  Absent a                                           
                 teaching or suggestion of displaying an image of a 3x3 array of digit keys and a zero                                            
                 digit underneath the array and moving a joystick downward twice to highlight the zero                                            
                 digit key with a cursor, the examiner fails to present a prima facie case of obviousness.                                        
                 Therefore, we reverse the obviousness rejections of claim 8 and of claims 10-14, which                                           
                 fall therewith.                                                                                                                  


                                                              III. Claims 15-18                                                                   
                         The examiner asserts, "[i]t would have been obvious to one of ordinary skill in the                                      
                 art at the time the invention was made to modify Harrison by specifically providing an                                           
                 antenna which rotates about an [sic] pivotal joint so as to be movable between a first                                           








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