Ex Parte Shteyn - Page 2


                   Appeal No.    2006-2118                                                                Page 2                       
                   Application No.   10/022,754                                                                                        

                           an ambiguous first data input system configured to associate a first user                                   
                   input with a plurality of potential data;                                                                           
                           a second data input system independent from the first data input system                                     
                   receiving a second user input; and                                                                                  
                           a processing unit coupled to the first and second input systems for                                         
                   selecting one of the plurality of potential data from the second user input;                                        
                           wherein the first data input system comprises a real or virtual keyboard                                    
                   configured to associate a specific keystroke with a plurality of graphical                                          
                   characters, and the second data input system is a speech recognition input                                          
                   system, a handwriting input system, or a stylus input system.                                                       
                   The examiner relies on the following reference:                                                                     
                   Grover et al.  (Grover)  5,818,437   Oct. 6, 1998                                                                   
                   The following rejection is on appeal before us:                                                                     
                   2. Claims 1, 2, 4, 6 and 7 stand rejected under 35 U.S.C. § 102(b) as                                               
                   being anticipated by Grover.                                                                                        
                           Rather than repeat the arguments of appellant or the examiner, we make                                      
                   reference to the brief and the answer for the respective details thereof.                                           
                   We have carefully considered the subject matter on appeal, the rejection                                            
                   advanced by the examiner and the evidence of anticipation relied upon by the                                        
                   examiner as support for the rejection.  We have, likewise, reviewed and taken                                       
                   into consideration, in reaching our decision, the appellant’s arguments set forth in                                
                   the brief along with the examiner’s rationale in support of the rejection and                                       
                   arguments in rebuttal set forth in the examiner’s answer. Only those arguments                                      
                   actually made by appellant have been considered in this decision.  Arguments                                        
                   which appellant could have made but chose not to make in the brief have not                                         
                   been considered and are deemed to be waived.  See 37 C.F.R.§                                                        






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