Appeal No. 2005-0097
Application No. 09/645,172
the underlying specification (see pages 2, 3 and 11), the
thumbwheel control button is a representation on the graphical
user interface of a button having a central area, a top button
substantially adjacent and above the central area, and a bottom
button substantially adjacent and below the central area.
Conceding that Ubillos lacks response to the thumbwheel
control button limitations, the examiner cites Rosenberg’s
disclosure of a mouse which includes a rotatable control wheel
and submits that it would have been obvious “to combine the
slider bar control button that further comprises a thumbwheel
control button taught by [Rosenberg] with the slider bars
disclosed by Ubillos [to] enable the user to control slider bars
using a single finger and without changing the position of the
physical mouse” (answer, page 7). Suffice to say that even as so
modified in view of Rosenberg, the Ubillos method and apparatus
still would not embody a thumbwheel control button on a graphical
user interface.
Therefore, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of independent claims 2, 21 and 39, and
dependent claims 3, 4, 22 and 23, as being unpatentable over
Ubillos in view of Rosenberg.
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