Ex Parte BREED et al - Page 9




          Appeal No. 2001-1186                                                        
          Application No. 08/819,609                                                  


          (Brief, page 15) that there is no apparent motivation to apply              
          the ultrasonic transducer teachings of Johnson to those of Grills           
          and G. I. Cohn.  In our view, we fail to see how or why the                 
          skilled artisan would be led to the teachings of Johnson since              
          the problems associated with providing an accurate indication of            
          fuel volume in a tank in a moving vehicle such as those in Grills           
          and a fuel tank subject to pitch and roll variations such as in             
          G. I. Cohn are non-existent in a stationary storage tank such as            
          that described by Johnson.  Further, our review of the Breed                
          reference, directed to the development of a neural network useful           
          in automobile diagnostic testing, reveals nothing which would               
          overcome the deficiencies of Grills, G. I. Cohn, and Johnson.               
               Turning to a consideration of independent claim 16, the                
          representative claim for Appellants’ suggested grouping of claims           
          16, 19, and 20, we note that while we found Appellants’ arguments           
          to be persuasive with respect to the Examiner’s obviousness                 
          rejection of claims 1-15, 17, and 18 discussed supra, we reach              
          the opposite conclusion with respect to the rejection of claim              
          16.  Our review of the disclosure of G. I. Cohn, directed to the            
          development of an algorithm based on measurements of different              
          values of pitch and roll angles at different levels of fuel tank            
          volume, reveals, in our view, that all of the limitations of                

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