Appeal No. 2004-0984
Application No. 09/501,970 Page 12
In the alternative, to the extent that it could be argued
that the teaching of Sayler refers to a single recess with button
groups, and that when applied to Lansang would result in one
recess for both button groups and not to a recess for each of the
separate button groups 14, 18 of Lansang, we note the additional
disclosure of Sayler of a separate recess having additional
buttons 74, 76 (figure 4). Although Sayler simply refers to
buttons 74, 76 as being additional buttons (col. 7, lines 27 and
28), we find that from the disclosure of Sayler showing the
buttons unnumbered, and the showing of the buttons in figures 1,
4 and 5, that buttons 74 and 76 are in a recess in the outer
surface of the hand held unit. Thus, we find that Sayler
discloses two sets of buttons, each within a recess in the outer
surface of the handheld unit. From this disclosure of Sayler, we
find that an artisan would have been motivated to place each of
the button groups 14, 18 of Lansang within a separate recess in
the outer surface of the housing.
We are not persuaded by appellant's assertion (brief, page
5) that “[t]he teaching in the Sayler reference which the
Examiner relies on have nothing to do with an acoustical headset
but rather a handheld control unit which is always visible to the
user.” Firstly, there is no disclosure in Sayler that a user
looks at the hand held device while playing the video game.
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