Appeal 2007-1436
Application 10/390,318
switch with his finger) corresponds to the functionality of the displayed legend
(Mattice, col. 5, ll. 38-44).
14. The programmable display switch includes an activation surface 414
having a transparent or translucent covering 416 over a controllable pixel array
418. Preferably, the pixel array contains sufficient pixels to permit display of a
wide range of characters, images, logos, symbols, and the like (Mattice, col. 8,
ll. 49-57).
15. The entire activation surface 416 is pressable or movable against the
urging of springs 422 or other force devices (Mattice, col. 8, ll. 59-61).
16. Mattice discloses that the tactile feedback achieved with a fully-
moveable activation surface 416 assists in providing users with a level of comfort
and familiarity and avoids customer confusion (Mattice, col. 8, ll. 63-66).
PRINCIPLES OF LAW
“Section 103 forbids issuance of a patent when ‘the differences between the
subject matter sought to be patented and the prior art are such that the subject
matter as a whole would have been obvious at the time the invention was made to a
person having ordinary skill in the art to which said subject matter pertains.’” KSR
Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1734, 82 USPQ2d 1385, 1391 (2007).
The question of obviousness is resolved on the basis of underlying factual
determinations including (1) the scope and content of the prior art, (2) any
differences between the claimed subject matter and the prior art, and (3) the level
of skill in the art. Graham v. John Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459,
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