Ex parte JAMES L. NOVAK - Page 7




          Appeal No. 96-2194                                                          
          Application 08/042,292                                                      

                    The examiner explains the proposed modification of                
          Hüschelrath in view of Houskamp as follows (Answer at 4):                   
                         Hüschelrath et al. does not teach to utilize                 
                    electric sensors.                                                 
                         Houskamp teaches that it is known in the art to              
                    utilize either inductive, optical or capacitive type              
                    sensors for tracking sensors.  The use of capacitive              
                    ie. [sic, i.e.,] electrical sensors allows for                    
                    detection in corrosive environments and multiple path             
                    detection.                                                        
                         Thus, it would have been obvious to one of                   
                    ordinary skill in the art to utilize the electrical               
                    sensors of Houskamp to provide improved detection with            
                    electrical type sensors.                                          
          The examiner's position appears to be that it would have been               
          obvious in view of Houskamp to replace Hüschelrath's means for              
          generating a magnetic field in body 1 (i.e., electromagnet 10 and           
          magnetic poles 6 and 7) with means for generating an electric               
          field in the body and to replace Hüschelrath's magnetic field               
          sensors 12 with electric field sensors.  Appellant does not                 
          contend that it would have been unobvious to combine the                    
          teachings of these references in this manner.  Instead, he                  
          argues, inter alia, that "[t]he references do not suggest any               
          combination that would yield a sensing apparatus that creates and           
          senses at least two electric fields as required by claim 1" and             
          that "[b]oth references require only a single field, and                    
          consequently do not suggest the desirability of more than one               
          field, electrical or magnetic" (Brief at 4).  We agree with                 

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