Appeal No. 97-1177
Application 08/368,026
Shiba does not disclose a visible light sensor as recited in these claims. The
visible light sensor of Shiba, element 5a, is not responsive to an object or user as
recited in these claims, but rather is used “to detect a brightness of the place
surrounding the urinal basin 1, such as the interior of a bathroom or toilet” (col. 1, lines
57 to 59). The examiner’s statement at page 6 of the answer that Shiba’s photocell is
operable for generating an electrical signal due to a shadow is not borne out by the
reference’s disclosure that the sensor 5a does not provide a signal when the area is
dark, “for example while a light of a bathroom or toilet is kept turned off,” but does
provide a signal when it detects “brightness” of the area, ”such as when the bathroom
light is turned on” (col. 2, lines 42 to 53). There is no disclosure that element 5a
detects the approach, presence or proximity of any person or object.
Since Shiba does not disclose, expressly or inherently, the above-noted
limitations of claims 1 and 11, it cannot constitute an anticipation of them; likewise,
since there is no evidence that the above-noted limitations of claims 12 and 19 which
are not present in Shiba would have been obvious therefrom, the rejection of those
claims under § 103 is untenable. The rejections of the claims dependent on claims 1,
11, 12 or 19 under § 102(b) or § 103 (as applicable) likewise cannot stand.
Rejection Under 37 CFR 1.196(b)
Pursuant to 37 CFR 1.196(b), claims 1, 3, 6, 8 to 10, 12, 13, 15 and 17 to 20 are
rejected under 35 U.S.C. § 112, second paragraph, for failing to particularly point out
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