Ex Parte Hejza Litwiller - Page 8

                   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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