Ex parte OKONSKY - Page 12




          Appeal No. 1999-0636                                      Page 12           
          Application No. 08/828,375                                                  


          reed switch has been out of proximity with the magnet for a                 
          predetermined period of time.  The alarm circuit is designed                
          to prevent false alarms caused by wind disturbances of the                  
          blind while warning of a more sustained movement of the blind               
          caused by an intruder.  The appellant's argument is, in                     
          effect, that such a delay to prevent false alarms would have                
          been unnecessary or undesirable on the relatively rigid gate                
          of Martinek.                                                                
               We have carefully considered this argument, but we do not              
          find it persuasive.  La Mell clearly teaches the desirability               
          of providing an alarm on a movable barrier positioned in an                 
          opening to detect movement of the barrier by intruders seeking              
          access to the opening.  While it may be true that a delay                   
          circuit in the alarm system would not have been considered by               
          one of ordinary skill in the art to be desirable for all gates              
          in all situations, we find the teaching of La Mell sufficient               
          to have suggested broadly the provision on the Martinek gate                
          of an alarm, even if not the particular alarm system disclosed              
          by La Mell, activated                                                       










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