Ex Parte Schena et al - Page 12



         Appeal No. 2006-1831                                                       
         Application No. 09/755,383                                                 
         claimed limitation of a touchpad sensor for detecting the                  
         position and motion of an object in an x-y plane, as well as for           
         detecting the degree of force applied to the touchpad sensor in a          
         z-direction to thereby output a signal based on the detected               
         position, motion and degree of force would have been obvious over          
         the combination of Hannaford and Noll. It is therefore our view,           
         after consideration of the record before us, that the evidence             
         relied upon and the level of skill in the particular art would             
         have suggested to the ordinarily skilled artisan the invention as          
         set forth in claims 47-50, 52, 54, 56-60, 71-73, 75, 77-80.                
         Accordingly, we will sustain the Examiner’s rejection of claims            
         47-50, 52, 54, 56-60, 71-73, 75, 77-80.                                    
         II.  Under 35 U.S.C. § 103, is the Rejection of Claims 51, 53,             
         55, 61-68, 74 and 76 as Being Unpatentable over the combination            
         of Hannaford, Noll and Zilles  Proper?                                     
              With respect to dependent claims 3 51, 53, 55, 61-68, 74              
         and 76, Appellants argue at page 5 of the Appeal Brief that the            
         Hannaford and Noll combination does not teach the touchpad                 



                                                                                   
         3 We note that Appellants failed to particularly discuss the limitations of
         these dependent claims in the Briefs. Instead, Appellants rely on their    
         earlier discussion of the limitations of independent claim 47, 60 and 71,  
         which they incorporate by reference in each instance. Consequently, these  
         dependent claims stand or fall with representative claim 47.               
                                         12                                         




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007