Ex Parte Weismiller et al - Page 12




              Appeal No. 2005-1471                                                               Page 12                
              Application No. 10/028,833                                                                                



                     In this rejection (final rejection, p. 5), the examiner determined that it would have              
              been obvious to the skilled artisan to have upgraded the controls of the Mitchell bed                     
              side rail structure with a microprocessor control that includes a display screen that                     
              provides variable graphical information as taught by Williams.  The motivation would                      
              have been to provide the benefits of a programmable control unit for the bed, in which                    
              the control unit is essentially a microcomputer that is easily operated and controlled by a               
              user.                                                                                                     


                     We agree with the appellants' argument (brief, pp. 8-9; reply brief, p. 7) that the                
              applied prior art does not suggest the claimed subject matter.  In our view, the teachings                
              of Williams would have suggested replacing the bed side rail controls of Mitchell with an                 
              articulated control panel that includes a display screen as taught by Williams.  However,                 
              such a modification of Mitchell does not result in the subject matter of claim 38.                        
              Specifically, the applied prior art does not suggest a display screen coupled to a                        
              movable siderail of a bed and a processor in communication with the display screen, the                   
              processor being configured to provide variable graphical information to the display                       
              screen.  In our view, the only suggestion for modifying Mitchell in the manner proposed                   
              by the examiner to arrive at the claimed subject matter stems from impermissible                          
              hindsight knowledge derived from the appellants' own disclosure.                                          








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