Appeal No. 97-0974
Application No. 08/234,294
In view of the foregoing, we will sustain the rejection
of claims 50-52, 74 and 75 under 35 U.S.C. § 112, second
paragraph.
Turning to the rejection of claims 50-52, 74 and 75 under
35 U.S.C. § 102(e) as being anticipated by Raab, the
independent claims (as we have noted above with respect to the
§ 112 rejection) each expressly requires either (1) a means
for automatically selecting different ones of the sensing
modes to be used by the sensor (claims 50 and 74) or (2) a
selector for automatically selecting the sensing mode to be
used by the sensor (claim 75). Raab, while disclosing the
selection of different sensing modes, does not disclose a
selector or means for automatically making this selection.
More specifically, Raab states that:
The menu [or mode] selections are made by
depressing the right pedal of the foot switch 21,
depressing the left pedal to confirm. Each time the
right pedal is pressed, the pointer will move down
one space. When the pointer is adjacent the
required menu, then the left pedal is pressed.
Selection of an item, for example, the Drill Menu,
will result in the presentation of the Drill Menu.
[Column 6, lines 28-34.]
Thus, it is readily apparent that Raab uses foot-actuated
pedals or switches in order to select different modes.
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