Appeal No. 2002-2037
Application No. 09/128,706
device, an input device for selecting the simulated push button,
a predetermined distance shorter than the first distance to
simulate a depressed three dimensional mechanism push button when
a user input is received from the input device, and a means for
displaying on the display a 3D rocker push button. (Examiner’s
Answer, page 4, lines 1-10).
The examiner has further found that Crutcher describes a
circular button and an oval button. (Id., page 4, lines 11-15).
The examiner then concludes that it would have been obvious
to one of ordinary skill in the art at the time the invention was
made to have incorporated the oval shaped button of Crutcher into
the 3D rocker button, as oval shape buttons are more common (e.g.
radio knobs, etc.).
The appellants argue that neither Crutcher nor Jones creates
a 3-D effect in a push button by changing the distance between two
geometric figures, as claimed, much less two ovals (Appeal Brief,
page 4, lines 11-12). After reviewing the applied references, we
find that we agree with the appellants.
The three dimensional rocker switch of Crutcher illustrated
at 301 of figure 3 and at 201-203 of figure 2 does not describe a
push-button displayed having two ovals separated by a first and
second distance to simulate a depressed three dimensional push
button. Rather, while Crutcher has two circles depicting the ends
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