Ex Parte Hymel - Page 7

                  Appeal 2007-1841                                                                                            
                  Application 10/144,916                                                                                      


                  substantially broader than those presented in independent claims 1 and 11 on                                
                  appeal.                                                                                                     
                         Lastly, we treat the rejection of claims 1 through 21 under 35 U.S.C.                                
                  § 103 as being obvious over Siedlikowski in view Will.  Consistent with                                     
                  Appellant’s arguments presented as to this rejection of independent claim 1,                                
                  11, and 21 on appeal beginning at page 13 of the principal Brief on appeal,                                 
                  Appellant’s basic characterization of the impropriety of the Examiner’s                                     
                  rejection is simply stated at page 11 of the Reply Brief indicating that the                                
                  dispute between the Examiner and the Appellant is whether a thumbwheel                                      
                  can reasonable be considered as an alphanumeric key as claimed.                                             
                         Both Siedlikowski and Will relate to PDA devices and cell phones.                                    
                  Siedlikowski’s figure 1 shows thumbwheel 140 and navigate buttons 150 for                                   
                  permitting scrolling up and scrolling down operations as well as the                                        
                  keyboard 130.  As to these keys, we make note of and agree with the                                         
                  Examiner’s discussion of keys at page 35 of the responsive arguments                                        
                  portion of the Answer, where the buttons of Siedlikowski plainly relate to                                  
                  the keys of the claims.  The Reply Brief does not rebut the Examiner’s views                                
                  expressed here.  In the context of both Siedlikowski’s and Will’s devices                                   
                  being considered as telephones, it is well known that any key related to                                    
                  numeric entry also includes alphabetic information, thus having a dual                                      
                  purpose.  The discussion of the thumbwheel 140 in figure 1 of Siedlikowski                                  
                  is noted at column 3, lines 10 through 25.  Column 4, lines 55 through 65 of                                
                  Siedlikowski makes references to short cut key entries, such as those relating                              
                  to the “@” symbol which is well known to be a part of a numeric key, the                                    
                  number 2.                                                                                                   

                                                              7                                                               

Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: September 9, 2013