Ex Parte MURESAN et al - Page 1




               The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.
                                                                                            Paper No. 37             
                          UNITED STATES PATENT AND TRADEMARK OFFICE                                                  
                                                    ____________                                                     
                               BEFORE THE BOARD OF PATENT APPEALS                                                    
                                             AND INTERFERENCES                                                       
                                                    ____________                                                     
                                Ex parte DAVID D. MURESAN and DAVID MURESAN                                          
                                                    ____________                                                     
                                                Appeal No. 2004-1621                                                 
                                             Application No. 08/653,425                                              
                                                    ____________                                                     
                                             HEARD: February 10, 2005                                                
                                                    ____________                                                     
             Before BARRETT, BARRY, and LEVY, Administrative Patent Judges.                                          
             BARRY, Administrative Patent Judge.                                                                     


                                               DECISION ON APPEAL                                                    
                    A patent examiner rejected claim 1.  The appellants appeal therefrom under 35                    
             U.S.C. § 134(a).  We reverse.                                                                           


                                                  BACKGROUND                                                         
                    The invention at issue on appeal is a mouse for moving a cursor on the display of                
             a computer.  In a conventional mouse, as shown in Figure 11 of the appellant's                          
             specification, a wheel presses a rubber ball against X- and Y-coordinate shafts.  As the                



                    1Because it only shows technology that was known, Figure 1 should be                             
             "designated by a legend such as 'Prior Art.'" M.P.E.P. § 608.02(g).                                     





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