Appeal No. 96-4002
Application No. 08/121,849
776 F.2d 281, 293, 227 USPQ 657, 664 (Fed. Cir. 1985), cert.
denied, 475 U.S. 1017 (1986); ACS Hospital Systems, Inc. v.
Montefiore Hospital, 732 F.2d 1572, 1577, 221 USPQ 929, 933
(Fed.
Cir. 1984). These showings by 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).
With respect to independent claims 1 and 8, the Examiner
seeks to modify the ultrasonic liquid gauging system of
Leszczynski by relying on Snyder and Baumoel to supply the
missing teaching of utilizing echo signal energy content
rather than peak amplitude to discriminate between true and
false echoes. In the Examiner’s view, the desire to reduce
costs by using integrated digital circuitry would serve as a
motivating factor to one of ordinary skill to modify
Leszczynski with the teachings of Snyder and Baumoel.
5
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