IN RE: MAN MACHINE INTERFACE TECHNOLOGIES LLC, Appellant
from the United States Patent and Trademark Office, Patent
Trial and Appeal Board in No. 90/012,469.
W. CUNNINGHAM, Cislo & Thomas LLP, Los Angeles, CA, argued
for appellant. Also represented by DANIEL M. CISLO.
HELM, Office of the Solicitor, United States Patent and
Trademark Office, Alexandria, VA, argued for appellee
Michelle K. Lee. Also represented by THOMAS W. KRAUSE,
FARHEENA YASMEEN RASHEED.
LOURIE, O'MALLEY, and STOLL, Circuit Judges.
U.S.P.Q.2d 1617] Stoll, Circuit Judge.
Machine Interface Technologies (" Man Machine" )
appeals the decision of the Patent Trial and Appeal Board
(" Board" ) affirming the examiner's rejection
of claims 1, 4, 7-10, and 17 of Man Machine's U.S. Patent
No. 6,069,614 (" '614 patent" ). For the
reasons below, we affirm-in-part, reverse-in-part,
vacate-in-part, and remand.
Machine's '614 patent, titled " Man Machine
Interface via Display Peripheral" is directed to a
remote control device for making selections on television or
computer screens. Claim 1 requires that the body of the
device be " adapted to be held by the human hand."
Claim 1 also requires a multi-function " thumb switch
being adapted for activation by a human thumb." The
thumb switch, which controls cursor movement and object
selection on the screen, includes an annular switch (4)
including four switches that surround a center switch (3), as
shown below in Figure 2A.
'614 patent Fig. 2A.
1, which is representative of the challenged claims, reads as
1. A remote control device adapted for use by a human to
control and select from a screen, the screen including a
plurality of choices and a cursor, the remote control device
a body adapted to be held by the human hand, the
body having a top side and a bottom side;
a thumb switch positioned on the top side of the body,
the thumb switch being adapted for activation by a human
thumb, the thumb switch being adapted to perform
wherein the thumb switch includes a center switch, an annular
switch, and a cover plate, the annular switch including only
four switches and the cover plate covers the four switches,
wherein the annular switch surrounds the center switch, the
annular switch ...