Ex parte GRIMMETT

Board of Patent Appeals and Interferences

Dec 9, 1997

08056718 (B.P.A.I. Dec. 9, 1997)

Application for patent filed May 3, 1993. 1
1
THIS OPINION WAS NOT WRITTEN FOR PUBLICATION
The opinion in support of the decision being entered today (1)
was not written for publication in a law journal and (2) is
not binding precedent of the Board.
Paper No. 12
UNITED STATES PATENT AND TRADEMARK OFFICE
_____________
BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
_____________
Ex parte ALAN GRIMMETT
_____________
Appeal No. 96-0303
Application 08/056,7181
______________
ON BRIEF
_______________
Before HAIRSTON, TORCZON and CARMICHAEL, Administrative Patent
Judges.
CARMICHAEL, Administrative Patent Judge.
DECISION ON APPEAL
Appeal No. 96-0303
Application 08/056,718
2
This is an appeal from the final rejection of Claims 1
and 5-7, which constitute all the claims remaining in the
application.
We reverse.
Claim 1 reads as follows:
1. Data storage apparatus, comprising:
memory means for storing in encoded form a plurality of data
items each comprising one or more characters,
a user interface including a display and a keyboard having a
plurality of keys, each key having two or more characters
associated therewith, wherein in one data entry mode a first
character associated with one of the keys is selected by
pressing the respective key once, and a second character
associated with the key is selected by pressing the respective
key twice, said first and second characters being alphabet
characters, each of said keys additionally having a numeric
character associated therewith and, in a further data entry
mode, the numeric character associated with one of the keys is
selected by pressing the respective key once, and in a data
retrieval mode the individual characters of a data item to be
searched are entered by pressing only once for each character
the respective key having the desired character associated
therewith, the data storage apparatus being adapted to show on
the display a data item stored in encoded form in the memory
means which corresponds with one of the possible combinations
of characters associated with the sequence of keys pressed in
the data retrieval mode,
means for converting each data item stored in encoded form in
the memory means into a numeric version wherein the component
alphabetic characters of the data item are converted into
respective numeric characters according to the correspondence
of numeric and alphabetic characters associated with the
respective keys, and
Appeal No. 96-0303
Application 08/056,718
3
means for storing the numeric version of each data item.
The examiner’s Answer cites the following prior art:
Rust 0 457 077 A2 Nov.
21, 1991
(European Patent)
OPINION
Claims 1 and 5-7 stand rejected under 35 U.S.C. § 103 as
unpatentable over Rust.
Rust discloses a data retrieval system in which a
telephone keypad button associated with three letters may be
pressed just once for each character in a desired name. For
example, if a user wants to retrieve the phone number for Mr.
King, the user presses 5, then 4, then 6, then 4. Column 6,
lines 41-50. The Rust system retrieves all entries that
correspond to those four numbers, i.e., the entries whose
first letter is on the 5 key (J, K, or L), second letter is on
the 4 key (G, H, or I), third letter is on the 6 key (M, N, or
O), and fourth letter is on the 4 key (G, H, or I).
Appeal No. 96-0303
Application 08/056,718
4
The examiner states that Rust’s stored names are
inherently converted to and stored in numeric format as
required by the claims on appeal. Appellant disagrees. We
agree with Appellant.
The claims require a memory means that stores data items
in encoded (alphanumeric) form, means for converting each of
those alphanumeric data items into numeric characters, and
means for storing the numeric version of each data item.
Rust does not say how the database is arranged in memory.
Rust must have a memory means for storing data items in
alphanumeric form, and some means of correlating letters with
numbers. That does not mean that Rust inherently converts and
stores each and every alphanumeric item into a numeric version
as recited. One skilled in the art would assume that Rust
does not convert and store all the data items in numeric form.
The examiner is incorrect to assume that Rust inherently
must convert each alphanumeric database item into numeric
format for storage. Rust could instead convert each numeric
search term into the possible alphabetic forms and search for
Appeal No. 96-0303
Application 08/056,718
5
all of those forms in an alphabetical database. That is
apparently what Rust does. Column 11, lines 6-53.
Rust wishes to permit searching by entering either
numbers or letters. Numbers are entered on a phone keypad but
letters are entered on a keypad reserved for alphabetic entry
(such as a “QWERTY” keyboard). Column 11, lines 56 through
column 12, line 3; and column 12, lines 53-55. A numeric
database could not be searched for an alphabetic search term
as Rust alternately desires to do. Thus, Rust suggests
searching in an alphabetic database, not in a numeric
database.
Moreover, Rust permits users to scroll through the last
names that begin with J through K on the one hand or L through
O on the other. Column 7, lines 37-41. But K and L are on
the same telephone button (the 5 button). This further
suggests that the searched database is stored in alphabetic
form, not in numeric form.
CONCLUSION
The rejection of Claims 1 and 5-7 is reversed.
Reversed
Appeal No. 96-0303
Application 08/056,718
6
)
KENNETH W. HAIRSTON )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
RICHARD TORCZON )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
JAMES T. CARMICHAEL )
Administrative Patent Judge )
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