Ex Parte Graham et al - Page 7



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

          represented by first pressing key 7 and then pressing key 9,                
          these keys are clearly not adjacent each other, as required by              
          the definition in the instant claims.  However, in Smith’s                  
          example of representing the letter V by first pressing key 1 and            
          then pressing key 2, these keys are clearly adjacent each other,            
          but we fail to see how pressing key 1 and then lifting one’s                
          finger to press key 2 amounts to a “stroke pattern direction”               
          because there is no continuous movement.                                    
               While the instant claims do not specifically require a                 
          “continuous” movement, it is clear from the instant specification           
          that “stroking” requires a “gliding pattern” (page 5, line 4) and           
          whether one calls it a continuous movement, or a gliding pattern,           
          it is clear that the pressing of one key, lifting the finger and            
          discontinuously pressing another key is not a “stroking” and does           
          not comprise a “stroking pattern direction,” as those terms are             
          used in the instant claims.                                                 
               Accordingly, we will not sustain the rejection of claims 1-            
          3, 5-24, 26-42, and 46 under 35 U.S.C.§ 103.                                





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