Appeal No. 1997-3088
Application No. 08/521,562
Representative independent claim 1 is reproduced as follows:
1. A pre-formed control patch for controlling strain in a foundation member
the patch comprising a base, a piezoelectric sensor and a piezoelectric
actuator located in operative relative relationship, means for placing the
patch in operative relationship with the foundation member whereby the
sensor detects a strain in the foundation member and whereby the actuator
imparts a strain-inducing force to the foundation member, and including
means for connecting control electronics in operative relationship with the
patch.
The examiner relies on the following references:
Forward et al. (Forward) 4,795,123 Jan. 03, 1989
Crawley et al. (Crawley) 4,849,668 Jul. 18, 1989
Mizuno et al. (Mizuno) 4,940,914 Jul. 10, 1990
Claims 1, 5, 6, 8, 11, 17, 23, 26, 27, 29 and 30 stand rejected under 35 U.S.C.
§ 102(b) as anticipated by, or, alternatively, under 35 U.S.C. § 103, as obvious over,
Crawley.
Claims 2, 4-7, 10, 12, 13, 16, 18, 20-22, 25, 28 and 31-33 stand rejected under 35
U.S.C. § 103 as unpatentable over Crawley in view of Forward.
Claims 14-16 stand rejected under 35 U.S.C. § 103 as unpatentable over Mizuno in
view of Crawley.1
We find it unusual that dependent claims have been rejected over Mizuno in view of Crawley, with1
Crawley as a secondary reference, when the claim (claim 8) from which claims 14-16 depend has been
rejected under Crawley as a primary reference. Perhaps the examiner meant to reject claims 14-16 over
Crawley in view of Mizuno.
2
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