Appeal No. 2001-1602
Application No. 08/973,003
In determining the scope of Appellant's claim, we find that
the only embodiment disclosed by the Appellant is a keyboard that
has twenty keys in order to implement a keyboard as claimed.
This finding is strengthened by Appellant's argument that the
keyboard of the claimed invention, as shown in Appellant's Figure
1, has 20 keys. See Brief, page 8, lines 1-3. Thus, we find
that the scope of Appellant's claim would not allow a reading on
a standard telephone keypad with twelve keys, such that
simultaneous depression of exactly two mutually adjacent keys
generates an alpha-character.
Next, we must determine whether Danish provides the
requisite hint or suggestion for modification to the claimed
invention. The objective of Danish is to improve upon the
standard telephone keypad, which has twelve keys, by providing a
method for entering both alphabetical and numerical characters
using the same set of keys. We find that Danish actually teaches
away from modifying the standard telephone keypad in order to
achieve the keyboard of the claimed invention, because the
modification would increase the number of keys from twelve, such
that the keyboard no longer would be a standard telephone keypad.
Thus, we agree with Appellant that there is no motivation,
implicit or explicit in Danish, to modify the
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