Ex Parte Duncan et al - Page 2



          Appeal No. 2005-1157                                                        
          Application No. 09/829,249                                                  

               Claim 1 is illustrative of the claimed invention, and it               
          reads as follows:                                                           
                    1.   An electronic book device, comprising:                       
                    a portable housing; and                                           
                    a processor in the housing and displaying content                 
               stored in a storage device by undertaking at least one of:             
               responding to plural input modes, and outputting the content           
               using plural output modes, wherein the processor responds to           
               a graphics input mode by outputting content in a graphics              
               output mode using a graphic user interface, the processor              
               also responding to an audio input mode by outputting content           
               in an audio output mode using an audio user interface.                 
               The references relied on by the examiner are:                          
          Kono                          5,914,707           Jun. 22, 1999             
          Oberteuffer et al. (Oberteuffer) 6,438,523        Aug. 20, 2002             
                              (effective filing date: May  20, 1998)                  
               Claims 1 through 5 and 7 through 20 stand rejected under               
          35 U.S.C. § 103(a) as being unpatentable over Oberteuffer in view           
          of Kono.                                                                    
               Reference is made to the final rejection, the briefs and the           
          answer for the respective positions of the appellants and the               
          examiner.                                                                   
                                       OPINION                                        
               We have carefully considered the entire record before us,              
          and we will reverse the obviousness rejection of claims 1 through           
          5 and 7 through 20.                                                         

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