Appeal 2007-0919
Application 10/179,555
burden is met does the burden of coming forward with evidence or argument
shift to the Appellants. Id., 977 F.2d at 1445, 24 USPQ2d at 1444. See also
Id., 745 F.2d at 1472, 223 USPQ at 788. Thus, the Examiner must not only
assure that the requisite findings are made, based on evidence of record, but
must also explain the reasoning by which the findings are deemed to support
the Examiner’s conclusion.
ANALYSIS
The Examiner properly found that Vanderheiden teaches Appellant’s
claim limitation of audibly informing the user that the audible feedback
function is being disabled when the first mode of operation is selected. We
note that the Examiner’s finding is reasonable in light of Vanderheiden’s
teaching of disabling the background, UP-AUDIO RIDGE, and DOWN-
AUDIO RIDGE sounds when a user, in the second mode, touches the panel
to transition to the first mode of operation. One of ordinary skill in the art
would have readily recognized that when the user, in the second mode of
operation, (1) presses against the upper left hand side of the display, (2)
draws rightward across the top of the display to convert back to the first
mode of operation, (3) touches the touch panel and (4) subsequently hears no
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