Appeal 2007-1436 Application 10/390,318 THE REJECTIONS The Examiner relies upon the following as evidence of unpatentability: Mattice US 6,454,649 B1 Sep. 24, 2002 Beaulieu US 2004/0166930 A1 Aug. 26, 2004 Diederiks US 2005/0030292 A1 Feb. 10, 2005 The following rejections are before us for review: 1. Claims 1-9, 12-15, 17, 20-23, and 25 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Beaulieu and Diederiks. 2. Claims 16, 18, and 19 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Beaulieu. Diederiks, and Mattice.1 ISSUE Appellant contends that (1) “the ‘buttons’ of Diederiks’ relief generator 2002, 302 are not resiliently urged upward” and (2) “when a player presses down on a Diederiks button, there is no detectable movement by the player and no tactile feedback” (Appeal Br. 5). The Examiner found the combination of Beaulieu and Diederiks teaches “actuators [that] physical[ly] move when pressed downwards by the player and [are] resiliently urged upwards to provide a tactile feel to the player” 1 The Examiner’s listing of this rejection in the Answer states, “[c]laim [sic] 16, 18 and 19 is [sic, are] rejected under 35 U.S.C. 103(a) as being unpatentable over Beaulieu as applied to claims 1-4, 7-15, 17, 20-25 above, and further in view of Mattice (US Pat. 6,454,649)” (Answer 9). Although imprecisely stated by the Examiner, since Diederiks was part of the rejection of independent claim 1, we understand the rejection of claims 16, 18, and 19, which depend from claim 1, to also include Diederiks as part of the rejection. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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