Appeal 2006-2961
Application 09/745,390
teaching this feature and concludes that it would have been obvious to one of
ordinary skill in the art at the time of the invention to provide a keypad that
uses a lithium thin film battery to minimize space occupied by the power
source (Answer 3-4).
Appellants argue that Halperin’s battery-powered detachable keypad
module is not self-powered in accordance with the term’s ordinary and
customary meaning and in light of the specification. According to
Appellants, “self-powered” means “powered by itself.” Appellants
emphasize that a self-powered device, unlike a device powered solely by
batteries, is capable of providing its own source of power (Br. 9-11; Reply
Br. 1-3).
Appellants add that the doctrine of claim differentiation supports their
position regarding the meaning of “self-powered.” According to Appellants,
if self-powered modes of operation encompassed solely battery-powered
modes then claim 6 (reciting additionally powering the information entry
part by at least one battery) would be redundant. Appellants further contend
that if they wanted to deviate from the ordinary and customary meaning of
“self-powered” to encompass solely battery-powered modes of operation,
claim 6 would have more logically depended from claim 1, not from claim 5
(Br. 11-12; Reply Br. 3-4).
The Examiner notes that the scope and breadth of the term “self-
powered” does not preclude battery power. According to the Examiner,
Halperin’s keypad is “self-powered” since it can independently function
when detached from the portable unit and is powered via its own included
battery without the need for any hardwired connection to an external power
source (Answer 8).
5
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