Ex parte BISHOP et al. - Page 7




          Appeal No. 96-1233                                                          
          Application 08/259,368                                                      


          signals of claim 17 have event data generated therewith, yet                
          such language does not appear in claim 17.  Appellants                      
          proposed to amend the claim to include this language, but such              
          amendment has not been entered.  The remaining arguments made               
          by appellants with respect to independent claim 17 recite                   
          operational differences between the disclosed invention and                 
          the Blasciak device which are not commensurate in scope with                
          the invention as claimed.  For all the reasons just discussed,              
          we sustain the examiner’s rejection of claim 17 under 35                    
          U.S.C. § 102.  Appellants make no additional arguments with                 
          respect to dependent claims 20 and 21 so these claims fall                  
          with claim 17 from which they depend.                                       
          With respect to dependent claim 18, the examiner has                        
          shown how he reads the claim on Blasciak [answer, pages 5-6].               
          Appellants make some of the same arguments considered above                 
          with respect to claim 17.  These arguments are not persuasive               
          for the reasons already discussed above.  Appellants argue                  
          that the starting and stopping of a counter in Blasciak is not              
          analogous to the combining of data recited in claim 18.  We do              
          not agree.  The change in value of the counter from a start                 
          value to an end value clearly represents a combination of                   
                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007