Appeal No. 2004-0984
Application No. 09/501,970 Page 13
Secondly, when handheld game controllers are used while playing
a video game, the user looks at the game being played while using
the hand-held controller, not at the controller.
In addition, we are not persuaded by appellant's argument
(id.) that applying the teachings of a hand held control unit for
a video game to an acoustical headset is a hindsight
reconstruction of appellant's invention. Firstly, as discussed,
supra, Sayler recognizes the problem of ease in moving a user's
fingers between the buttons of a handheld controller, and
provided the solution of putting button groups in a recess.
Secondly, the issue relates not to the structure of an acoustical
headset, but rather to a tactile-operated controller that is
meant to be operated by the fingers of the user, without looking
at the buttons on the controller.
From all of the above, we find that the teachings of Weider,
Lansang and Sayler suggest the limitations of claim 6.
Accordingly, the rejection of claim 6 under 35 U.S.C. § 103(a) is
affirmed.
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