Ex Parte Ringot - Page 2

          Appeal No. 2005-0232                                                        
          Application No. 10/169,818                                                  

                    7. A telephony device, comprising:                                
                    a display screen;                                                 
                    a processor operable to control a display of an                   
               audio adjustment parameter at a first position along a                 
               path on said display screen, the first position being                  
               indicative of a first value of the audio adjustment                    
               parameter; and                                                         
                    moving means for moving the audio adjustment                      
               parameter along the path to a second position                          
               indicative of a second value of the audio adjustment                   
               parameter.                                                             

               The examiner relies upon the following reference as                    
          evidence of unpatentability:                                                
          Yatsu              5,848,148               Dec. 08, 1998                  

               Claims 1-4, 6 and 7 stand rejected under 35 U.S.C. § 102(b)            
          as being anticipated by Yatsu.                                              
               Claim 5 stands rejected under 35 U.S.C. § 103 as being                 
          obvious over Yatsu.                                                         
               On page 4 of the brief, appellants state that the claims               
          should be considered as one group.  Appellants do separately                
          argue claims 1 and 7.  We therefore consider claims 1 and 7 in              
          this appeal.  See 37 CFR  § 1.192(c)(7)(2003); now 37 CFR                   
          § 41.37(c)(1)(vii)(September 2004).                                         


                                       OPINION                                        
          I. The anticipation rejection                                               
               Beginning on page 4 of the brief, appellant argues that                
          claim 1 requires a display screen, wherein “a value of each                 
          adjustment parameter is represented on said display via a                   
          movable index”, and that claim 7 requires a display at a first              

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