Appeal No. 2002-1041
Application 08/866,402
varying the size, shape, position, color, moving images, video,
sound "or a combination of these elements" (abstract; col. 10,
lines 38-39). One of ordinary skill in the art would have been
motivated to use multiple known ways of indicating a selected key
in combination, such as the enlarging the representation and
giving the appearance of a depressed key, in view of this
teaching of Volk, to enhance the visual representation of a
selected key. Accordingly, we sustain the rejection of claim 20.
Claim 21
Claim 21 calls for enlarging and changing the visual
representation of the key occur substantially simultaneously.
The examiner finds that Volk teaches that an animation can
have a combination of visual and audible representations (FR3).
Appellants argue that the art does not teach the further
distinction of simultaneity and "[t]his point appears to have
been outside the Examiner's understanding" (Br11).
It is true that the examiner does not appear to appreciate
that a combination of effects does not necessarily mean that they
are performed "simultaneously." Nevertheless, we think the
disclosure of a combination of effects in Volk would have
reasonably suggested to one of ordinary skill in the art that the
effects should be performed simultaneously since each effect is
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