Ex Parte NELSON et al - Page 5



          Appeal No. 2002-1995                                                        
          Application No. 09/071,488                                                  

          223 USPQ 785, 788 (Fed. Cir. 1984); and In re Rinehart, 531 F.2d            
          1048, 1051, 189 USPQ 143, 146-147 (CCPA 1976).  Only those                  
          arguments actually made by appellant have been considered in this           
          decision.  Arguments which appellant could have made but chose              
          not to make in the brief have not been considered and are deemed            
          to be waived [see 37 CFR 1.192 (a)].                                        
               We have reviewed the evidence in the case, including the               
          arguments of appellants and the examiner and we conclude that,              
          unlike our decision in Application Serial No. 09/071,489, the               
          examiner in the instant case has not established a prima facie              
          case of obviousness with regard to the instant claimed subject              
          matter.                                                                     
               Similar to the issues in the previous case, appellants and             
          the examiner argue the “single hand” limitation.                            
               While appellants argue that the device in Michel is not                
          operable with a single hand wherein a user simultaneously grasps            
          and operates a user input interface, the examiner urges that                
          Michel shows a user grasping the housing of the device in his               
          right hand in Figure 8 (see answer-page 3).  While Figure 8 of              
          Michel appears to show a user employing both hands, this would              
          also entail the use of a single hand.                                       

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