Appeal No. 2002-1995
Application No. 09/071,488
device comprising buttons 44 and 45, see fig. 5b), which includes
the claimed force actuated pointer (a movement cursor button 44,
col. 8, line 54)” (answer-page 3).
The examiner further explains that the disclosed mouse is
not like the well-known mouse which has a rotatable ball and
buttons and moves in contact with a working surface in order to
navigate computer program applications. Accordingly, the
examiner takes the position that “any user input interface, which
includes an equivalent pointer actuator and an equivalent single-
button actuator, for navigating in computer program applications,
is considered to be a mouse of this pending application” (answer-
page 10).
In our view, the examiner takes an unreasonable position
regarding the claimed “mouse” in view of the instant disclosure.
It is clear from page 14, lines 14-16, and page 16, lines 19-21,
of the instant specification, that, contrary to the examiner’s
position, the “mouse” envisioned for use in the instant invention
is, indeed, a “well-known” mouse, i.e., it has the “look-and-
feel” similar to the conventional graphical user interfaces. The
instant specification even gives a specific embodiment, with the
citation of a Hula Point Hall effect mouse pointing device.
Moreover, Figure 7 shows the mouse at element 59. With such
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