Ex Parte Mark et al - Page 7

                 Appeal 2006-2961                                                                                         
                 Application 09/745,390                                                                                   
                                                                                                                         
                 Such internal generation of electric power within the keypad in Halperin                                 
                 therefore fully meets a “self-powered” keypad as claimed.                                                
                         We also find Appellants’ claim differentiation argument unavailing.                              
                 Merely because the claims lack a dependent claim that further limits “self-                              
                 powered” to solely battery operation hardly precludes this interpretation – an                           
                 interpretation that we find reasonable for the reasons previously indicated.                             
                 While claim 6 calls for additionally powering the self-powered information                               
                 entry part by at least one battery that is chargeable by the solar cell, such a                          
                 limitation hardly precludes a device being “self-powered” by another                                     
                 battery.                                                                                                 
                         For the foregoing reasons, we will sustain the Examiner’s rejection of                           
                 representative claim 1 and claims 2, 3, 7-9, and 13 which fall with claim 1.                             

                                               Representative Claim 15                                                    
                         Regarding representative claim 15, the Examiner notes that the prior                             
                 art does not disclose a solar cell, but cites Little as teaching integrating a                           
                 solar cell with a lithium thin film battery.  The Examiner concludes that it                             
                 would have been obvious to one of ordinary skill in the art at the time of the                           


                                                                                                                         
                 generate the power (e.g., the sun, turning a crank, shaking the device, etc.) –                          
                 a fact Appellants readily acknowledge (Reply Br. 3).   Similarly, self-                                  
                 powered devices using batteries likewise depend on an “outside agency”                                   
                 (i.e., the battery) for power generation.  That batteries have a finite life is not                      
                 dispositive in determining whether a device using batteries is “self-powered”                            
                 as Appellants seem to suggest.  Like battery-powered devices, other self-                                
                 powered devices (e.g., utilizing solar or mechanical power-generating                                    
                 means) generate power with a finite duration and thus rely on an “outside                                
                 agency” to resume operation.                                                                             
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