Appeal No. 95-1783
Application 08/069,957
the examiner are an essential part of complying with the
burden of presenting a prima facie case of obviousness. Note
In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed.
Cir. 1992).
DeMetz teaches a marine acoustic detector which can
detect the presence of a specific type of aircraft within a
measurable zone. The examiner observes that DeMetz does not
teach a second electro-acoustic transducer or spatial
discrimination circuitry as recited in claim 1 [answer, page
3]. Auer teaches an apparatus using sonic detector means for
measuring traffic density. The examiner observes that Auer
does not teach spatial discrimination circuitry [Id., page 4].
The examiner cites Hendricks as a teaching of using a
plurality of traffic density detectors for detecting traffic
density in each of a plurality of street lanes. It is the
position of the examiner that the determination of traffic
volume in Hendricks from the traffic density signals is
equivalent to a spatial discrimination means for combining and
converting the detected electrical signals into an electrical
signal representative of the detected traffic [Id.]. The
examiner concludes that it would have been obvious within the
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