Ex Parte Fitzgibbon - Page 2

                Appeal 2007-1838                                                                             
                Application 10/118,523                                                                       
                      Appellant’s invention relates to movable barrier operators capable of                  
                obstacle detection with or without speed detection.  According to Appellant,                 
                the movable barrier has a motor coupled to the barrier wherein a pulse                       
                modulated speed controller provides the pulse used to control the speed of                   
                the motor (Specification 4-5).  In order to detect the presence of an obstacle,              
                the resultant pulse variable can also be compared with a maximum force                       
                value that represents a level that indicates the presence of an obstacle                     
                (Specification 5).  An understanding of the invention can be derived from a                  
                reading of exemplary independent claim 12, which is reproduced as follows:                   
                      12.    A method, comprising:                                                           
                            - applying pulse modulation information to a motor to control                    
                            speed of movement of a movable barrier; and                                      
                            - using the pulse modulation information to determine when the                   
                            movable barrier has likely encountered an obstacle.                              
                            The Examiner relies on the following prior art reference:                        
                      Cook   US 5,708,338   Jan. 19, 1998                                                    

                      Claims 12-17 stand rejected under 35 U.S.C. § 102(b) as being                          
                anticipated by Tyler.                                                                        
                      Rather than reiterate the opposing arguments, reference is made to the                 
                Briefs and the Answer for the respective positions of Appellant and the                      
                Examiner.                                                                                    
                      We affirm.                                                                             
                                                   ISSUE                                                     
                      The issue is whether Appellant has shown that the Examiner erred in                    
                rejecting the claims under 35 U.S.C. § 102(b).  Appellant’s arguments focus                  

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