Appeal No. 2004-0893
Application No. 09/124,310 Page 10
has the examiner explained what portions of the structure of Itoh
correspond to the particular membrane structure called for in the
appealed claims.
Because the examiner has not established a prima facie case
of anticipation within the meaning of 35 U.S.C. § 102 on this
record, we do not affirm.
Rejection under 35 U.S.C. § 102(e)
Concerning the § 102(e) rejection of claims 1-7, 9-18, 21-
24, 26 and 27 over DeVolpi, we note that the examiner (answer,
page 5) refers to column 1, line 50 of that patent and circuit
board 23. In addition, the examiner generally asserts that
DeVolpi discloses a control unit including signal generators and
membrane switches. However, the examiner does not particularly
point out what portions of the joy stick structure of DeVolpi
corresponds to the claimed control elements for controlling an
industrial truck and what portions of the joystick structure
corresponds to the claimed signal generators, let alone what
structure in DeVolpi corresponds to the specifically claimed
membrane structure.
Because the examiner has not established a prima facie case
of anticipation within the meaning of 35 U.S.C. § 102 on this
record, we do not affirm.
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007