Appeal 2006-2955
Application 09/991,140
user’s finger or stylus and then selecting a key displaying the first marking
with the user’s finger or stylus.
Stone teaches that a character printed on one of the keys is selected by
actuation of the key on which it is printed concurrently with actuation of
another key from the same field whose background color is the color of the
character (Stone, col. 3, ll. 32-38).
Novel teaches using a portable telecomputer device having a
telephone keypad which usually comprises numerals 0 through 9 of which at
least 8 have language characters displayed thereon (Novel, Abstract).
Smith teaches the use of a telephone keypad used to enter
alphanumeric data by successively depressing two keypad buttons (Fig. 2;
col. 3, ll. 20-29).
PRINCIPLES OF LAW
Analysis of whether a claim is patentable over the prior art under
35 U.S.C. §§ 102 and 103 begins with a determination of the scope of the
claim. The properly interpreted claim must then be compared with the prior
art. Claims will be given their broadest reasonable interpretation consistent
with the specification, and limitations appearing in the specification are not
to be read into the claims. In re Etter, 756 F.2d 852, 858, 225 USPQ 1, 5
(Fed. Cir. 1985).
The test for obviousness is what the combined teachings of the
references would have suggested to one of ordinary skill in the art. See In re
Kahn, 441 F.3d 977, 987-988, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006), In
re Young, 927 F.2d 588, 591, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991) and
In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).
Moreover, in evaluating such references it is proper to take into account not
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