Ex parte NEUMANN et al. - Page 7




          Appeal No. 95-4918                                                          
          Application No. 08/114,293                                                  


          patentee Wolfe’s teaching of filtering only absolute motion                 
          signals, the teaching being acknowledged by the examiner (main              
          answer, page 4).                                                            
               The examiner refers us (main answer, page 4) to the                    
          disclosure by Wolfe (column 3, lines 42 through 45) of a first              
          order low pass filter for eliminating unwanted “noise.”                     
          Clearly, filters for noise elimination are known in this art.               
               However, the difficulty we have with the rejection before              
          us is that when we set aside what appellants have taught us in              
          the present application, and consider the evidence of                       
          obviousness as a whole, we conclude that the evidence relied                
          upon would not have motivated one of ordinary skill in the art              
          to make the modification proposed by the examiner.  Of                      
          consequential importance to us is the circumstance that one of              
          ordinary skill                                                              
          in this art would have been clearly instructed by the teaching              
          of Wolfe to only filter an absolute velocity signal, when both              
          absolute velocity and relative velocity signals are generated.              






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