Appeal No. 98-0904
Application No. 08/500,033
We REVERSE.
The appellant's invention pertains to (1) an infrared
detection system and (2) an electrical control system for
controlling the flush valve of a toilet device that utilizes
such an infrared detection system. Independent claims 1 and
11 are further illustrative of the appealed subject matter and
a correct copy of claim 1 may be found in the appendix to the
answer and a correct copy of claim 11 may be found in the
appendix to the brief.
The examiner has relied on the following references as
evidence of obviousness:
O'Neill 4,069,812 Jan. 24, 1978
Kahl et al. (Kahl) 4,703,171 Oct. 27, 1987
Whiteside 5,169,118 Dec. 8,
1992
The appellant has relied on a self-executed declaration
as
evidence of nonobviousness.2
2Since we are not of the opinion that the prior art
relied on by the examiner establishes a prima facie case of
obviousness, we need not consider the appellant's evidence of
nonobviousness. In re Fine, 837 F.2d 1071, 1076, 5 USPQ2d
1596, 1600 (Fed. Cir. 1988).
2
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