Appeal No. 2005-0637
Application No. 10/117,958
that, in contrast to the language of claim 15 which requires
structure which moves primarily vertically to depress the
depressable switches, the lower portions 37, 39 of the rocker
assembly 60 of Martin move primarily horizontally to effect the
switch depressing action. We simply find no support for the
Examiner’s assertion (Answer, page 4) that Martin’s rocker
assembly lower parts move vertically to cause switch movement.
In our view, while the movement of lower parts 37, 39 along the
bridge 34 in Martin may have a vertical component, it is clearly
the horizontal movement along the bridge which causes the bridge
end to depress downward to contact the switch elements 28 and 30.
We also agree with Appellants, with regard to claim 17, that
no support exists for the Examiner’s conclusion that the lower
posts 37, 39 in Martin lie on opposites sides of the pivoting
axis of the rocker assembly. It is our opinion that the skilled
artisan would recognize and appreciate that structural elements,
such as the posts 37, 39 in Martin, which lie on the vertical
plane of a pivoting axis, cannot also lie on opposite sides of
the axis as set forth in claim 17.2
2 We make the observation that, although not specifically mentioned by
Appellants in their arguments, claim 15 also requires that the lower parts of
the rocker assembly lie on opposite sides of the vertical plane which defines
the pivoting axis of the rocker assembly.
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