Ex Parte Kyrtsos - Page 5



          Appeal No. 2004-2295                                                        
          Application No. 09/628,396                                                  

          examiner was given the opportunity to further support the                   
          anticipation conclusion with findings of fact and technical                 
          reasoning vis-a-vis the applied Zhang patent.  As we see it, the            
          Supplemental Examiner's Answer (Paper No. 22) simply fails to               
          provide sound evidentiary support for a conclusion of                       
          anticipation.  As is evident to us from appellant's independent             
          claims, supra, they respectively require a map signature of a               
          signal or mapping a signal.  On the other hand, a review of the             
          Zhang patent (column 13, lines 10 through 38) reveals to this               
          panel of the Board that one skilled in this art would not                   
          perceive signal mapping for an object detection system, moveable            
          closure assembly, or method, as now claimed.  Instead, we                   
          comprehend Zhang as teaching an obstruction detection apparatus             
          for a vehicle window that would be understood to provide a                  
          controller that simply compares a value of t (length of a                   
          detection pulse) to a value of T' (an initialization value                  
          related to the length of a detection pulse when a window is free            
          of obstructions), with T', more particularly, being generated               
          (column 13, lines 25 through 30) as a function of the value of T,           
          an average value of t while a window is being closed.  Thus, the            
          signal mapping of appellant's claims does not read on the Zhang             
          disclosure.  As to the Trett reference applied by the examiner in           
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