Ex Parte Gauselmann - Page 3



            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.                                                 
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