Appeal No. 2004-0893
Application No. 09/124,310 Page 9
1429, 1431 (Fed. Cir. 1997); accord Glaxo Inc. v. Novopharm Ltd.,
52 F.3d 1043, 1047, 34 USPQ2d 1565, 1567 (Fed. Cir. 1995).
As for the § 102(b) rejection of claims 1, 3, 7, 10, 13, 21,
23 and 27 over Itoh, all of the so rejected claims require: (1)
control elements for controlling an industrial truck; (2) a
circuit board; (3) at least two signal generators mounted on the
circuit board; (4) a membrane mounted within a control unit
between the signal generators and control elements wherein the
membrane includes at least one electrically conductive layer that
is structured such that the control elements are engageable with
the membrane in a fashion to electronically connect respective
signal generators with the at least one electrically conductive
layer of the membrane.
The examiner asserts that Itoh discloses a control unit
including membrane switches that corresponds to the claimed
structure. The examiner points to circuit board elements 2 and 8
of Itoh without pointing to any particular drawing figures and
generally asserts that the unit of Itoh includes signal
generators and membrane switches. However, the examiner has not
identified with any particularity what elements of Itoh
correspond to the claimed at least two signal generators and what
elements of Itoh correspond to the claimed control elements. Nor
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