Ex Parte Bintz et al - Page 3



          Appeal No. 2005-2666                                                        
          Application No. 09/496,634                                                  

          Reply Brief, the “DETAILED DESCRIPTION OF THE PREFERRED                     
          EMBODIMENTS” section of the specification defines the preferred             
          touch screens encompassed by the claims on appeal as follows                
          (page 5, lines 18-21):                                                      
               With reference to Figures 1 and 2, a touch screen 10 is                
               embodied as Dynaclear  4-wire analog resistive touchTm                                                
               panel.  Alternatively, screen 10 can be a matrix touch                 
               screen, or other type of apparatus for sensing touches.                
               Touch screen 10 includes a flex layer 20, a spacer 30,                 
               and a stable layer 40.  (Emphasis added.)                              
                                     PRIOR ART                                        
               The prior art references relied upon by the examiner are:              
          Kuhlman                       4,786,767           Nov. 22, 1988             
          Olson et al. (Olson)          6,261,700 B1        Jul. 17, 2001             
                                                  (Filed May  27, 1999)               
                                      REJECTION                                       
               Claims 1 through 8, 10, 11, 13 through 15, 21 and 24 through           
          50 stand rejected under 35 U.S.C. § 103(a) as unpatentable over             
          the combined disclosures of Kuhlman and Olson.                              

                                       OPINION                                        
               We have carefully reviewed the claims, specification and               
          applied prior art, including all of the arguments advanced by the           
          examiner and the appellants in support of their respective                  
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