Ex Parte Graham et al - Page 6



          Appeal No. 2005-0709                                                        
          Application No. 09/767,197                                                  

          representing a “key stroke pattern,” present a “pattern.”                   
               But the instant claims go on to require that each key stroke           
          pattern is composed of “one or more stroke pattern directions               
          with each stroke pattern defined by a stroking of two or more               
          adjacent ones of said touch sensitive keys.”  We fail to see how            
          one may conceivably contend that the pressing of a first and then           
          a second key in Smith indicates a “stroke pattern direction.” The           
          position of the second key may be in some particular “direction”            
          from the first key, but this is clearly not a “stroke pattern               
          direction,” as used in the instant claims, because the keys are             
          not stroked in a particular direction, e.g., like stroking the              
          bristles of a hairbrush in one direction or the other; but,                 
          rather the keys in Smith are pressed individually.  In our view,            
          “stroking,” as used in the instant claims, requires a continuous            
          movement of the user’s finger, or of whatever instrument is being           
          applied to the keys, between the adjacent keys.                             
               The instant claims also define what is meant by a “stroke              
          pattern direction,” i.e., “a stroking of two or more adjacent               
          ones of said touch sensitive keys.”                                         
               Smith fails to suggest such a “stroke pattern direction                
          defined by a stroking of two or more adjacent ones of said touch            
          sensitive keys.”  When Smith shows that the letter A is                     
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