Ex Parte Diaz et al - Page 9



             Appeal No. 2006-1554                                                   Page 9                     
             Application No. 10/369,819                                                                           
             housing (15), it is clear from Figure 3 that the push button (14) is located on the                  
             bottom surface portion of the housing (15).    Jezbera further teaches that the push                 
             button (14) is hidden inside the indicator housing (15) so that it will not be                       
             accidentally depressed, with concomitant erroneous resetting of the display (12).                    
             Jezbera, col. 3, lines 35-37; see also col. 2, lines 42-45.                                          
                    The HP Jornada User’s Guide similarly shows a personal computer device                        
             having a reset button (17) located on the normally hidden bottom surface portion of                  
             the device.  HP Jornada User’s Guide, p. 10.  The User’s Guide teaches that to                       
             reset the device, the user must use a stylus to press the reset button (17) on the                   
             back of the device.  HP Jornada User’s Guide, pp. 99-101.  By locating the reset                     
             button on the normally hidden bottom surface portion and by further requiring the                    
             use of a stylus to depress the button, the HP Jornada was designed to avoid                          
             inadvertent actuation of the reset button.                                                           
                    These two prior art references demonstrate that it was well known at the                      
             time of the invention to place push buttons on the normally hidden bottom surface                    
             portion of a computer device to avoid inadvertent actuation of the button.  We find                  
             no difference in this case because the claimed method is for replacing a side panel                  
             of a casing rather than for triggering a reset switch.                                               
                          The person of ordinary skill in the art is a hypothetical                               
                          person who is presumed to know the relevant prior art.                                  
                          Custom Accessories, Inc. v. Jeffrey-Allan Indus., Inc.,                                 
                          807 F.2d 955, 962, 1 USPQ2d 1196, 1201 (Fed. Cir.                                       
                          1986).   In determining this skill level, the court may                                 
                          consider various factors including “type of problems                                    
                          encountered in the art;  prior art solutions to those                                   
                          problems;  rapidity with which innovations are made;                                    
                          sophistication of the technology;  and educational level                                
                          of active workers in the field.”  Id.  In a given case, every                           





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