Ex parte BATTOCCHIO et al. - Page 3




               Appeal No. 1997-2883                                                                                               
               Application 08/379,443                                                                                             


                      To overcome the difficulties of conventional run flat tire actuation sensors such as that of Jones,         

               appellants detect a resonance mode characteristic of a flat tire which "is in a frequency band exceeding           

               100 Hz" (see representative claim 23 on appeal).  This overcomes the problem in the prior art of                   

               making a run flat actuation determination when tire overloading, road noise, or some other diverse                 

               source triggers a 10 to 20 Hz resonance mode.                                                                      

                      As further discussed, infra, we find that the applied prior art of Jones in view of Karbo fails to          

               teach or suggest at least the salient feature of detecting a resonance mode which occurs at a frequency            

               over 100 Hz as defined in the claims on appeal.                                                                    

                      Representative independent claim 23 is reproduced below:                                                    

                      23.  Process for detection of the actuation of a support of at least one of the tires of a vehicle          
               on a security bearing, which comprises detecting the appearance of at least one resonance mode of at               
               least one component involved in the suspension of the passenger compartment of the vehicle, wherein                
               said resonance mode is a characteristic of rolling travel of said tire supported on said safety bearing,           
               said characteristic resonance mode detected being of an order greater than a first resonance mode and              
               wherein the characteristic resonance mode detected is in a frequency band exceeding 100 Hz.                        

                      Claims 23 and 25 to 52 stand rejected under 35 U.S.C.  103.  As evidence of obviousness,                   

               the examiner relies upon Jones in view of Karbo.                                                                   

                      Rather than repeat the positions of appellants and the examiner, reference is made to the Briefs            

               and the Answers for the respective details thereof.                                                                

                                                           OPINION                                                                

                      It is our view that the prior art relied upon and the level of skill in the particular art would not        

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