Ex Parte Tribe et al - Page 5



         Appeal No. 2006-0242                                                         
         Application No. 09/920,728                                                   
          the retainer and provides an output to the control unit 11”                 
          (Specification at 4).                                                       
                    Moberg’s occlusion detector measures increased                    
          reservoir pressure resulting from an occlusion indirectly by                
          measuring one or more motor parameters, and flagging the                    
          electronics to cease further delivering if the motor parameter              
          necessary to drive that load exceeds a predetermined amount                 
          (Column 5 at lines 40-45).  Since force, or pressure on the                 
          plunger, or reservoir is detected, and this detected force or               
          pressure causes a change in the motor parameters which in turn              
          cause the drive of the pump to reverse direction, Moberg’s                  
          detector is a sensor that detects force or pressure albeit                  
          indirectly.  We note that claim 1 does not recite that the force            
          sensor senses the force on the plunger directly.  As such, the              
          occlusion detector disclosed in Moberg’s patent is a force sensor           
          as broadly claimed.                                                         
              In view of the foregoing, we will sustain the examiner’s                
          rejection of claim 1.  We will likewise sustain the examiner’s              
          rejection of claims 5, 7, 9, and 10 as the appellants have not              
          presented separate arguments regarding the patentability of these           
          claims.  In re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528            
          (Fed. Cir. 1987).                                                           


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