Appeal No. 2002-0611
Application No. 09/234,229
When appellants argued that the elongated receiver of claim 58 is more than a
mere “size change,” but, rather, “a change in the principal relative relationship between
two components that are fundamental to the claim,” [principal brief-page 5], i.e., the
elongated component and the keyboard, the examiner changed the focus of the
rationale. The examiner now contends that the center receiver 22a of Gersheneld is
“elongated,” as that term is relative, and it extends from the left side of the keyboard to
the right side since part of the receiver 22a is on each side of the center. The examiner
further explains that it would have been “obvious through experimentation that for a
keyboard to be mounted to an antenna, there would be tradeoffs in terms of coverage
related to the size and the number of receivers used by the inventor” [answer-page 4].
While the examiner’s interpretation of receiver 22a of Gersheneld extending from
the left to the right side of the keyboard because it passes through the center is
certainly creative, it is our view that this interpretation is not reasonable. Claim 58 calls
for at least one of the receiver antennae to extend “substantially across the keyboard
from substantially the left side to substantially the right side . . .” While a portion of the
receiver 22a may be said to be on the left side of the keyboard and a portion may be
said to be on the right side of the keyboard, the receiver 22a cannot be said to extend
“substantially across the keyboard,” as claimed. Clearly, the claim language is meant to
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