Appeal 2007-1841
Application 10/144,916
line 42 of column 3, Palatsi indicates that an input means may comprise a
first input device, apparently soft key 11, and a second input device,
apparently soft key 12. It is stated that the first operation may be considered
the actuation of either of these input keys but the second actuation can only
be an actuation of a first input device. Therefore, Palatsi’s telephone
appears to forego the actuation of the second input device meeting the
limitations at the end representative independent claim 1 on appeal.
Also, as briefly indicated at column 1, lines 55 and 56, the
predetermined time duration may be fixed, definable by a user or
automatically determined by the user interface. Relevant teachings are also
noted at column 3, lines 2 through 4, and column 3, lines 48 through 67, the
latter lines of which indicate that the pressing of another key or plainly any
key, may also trigger the function of key 11 to switch. Further, similar
considerations are discussed at column 4, lines 1 through 13. It goes without
saying that traditionally, the numeric keys on a phone, element 1 in figures 1
and 2 of Palatsi, have alphabetic characters as well as numeric characters
thereon and may therefore be rightly considered as alphanumeric keys. The
bottom of page 2 of the Reply Brief agrees that Palatsi teaches alphanumeric
keys. The timer 29 in figure 1 of Palatsi relates to the setting of a time lapse
or duration in the CPU 5 and this element performs the necessary
comparisons noted earlier.
With respect to the unfavorable and favorable recitations of the
comparisons of claim 1 on appeal, the claim does not recite any meaning to
be attributed to what may be considered to be favorable or unfavorable. The
Examiner has expanded upon what may be considered to be an unfavorable
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