Ex parte BATTOCCHIO et al. - Page 5

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

               detecting the appearance of a resonance mode having an order greater than a first resonance mode                   

               which occurs in a frequency band exceeding 100 Hz.  We agree.  We also agree with appellants that "it              

               would not be obvious to choose to follow the evolution of the resonance mode of the wheels or the                  

               wheel-carriers" in order to achieve appellants’ invention of representative claim 23.  We can find no              

               reasonable teaching or suggestion in the applied references that one would look past even 50 Hz to                 

               detect run flat actuation.                                                                                         

                      Nothing in Jones or Karbo suggests a detection process which detects a resonance mode in                    

               excess of 100 Hz.  Jones only teaches sensing a resonance mode in the 10 to 20 Hz range as shown in                

               Figure 2, and does not say anything with respect to frequencies over 80 Hz.  Karbo fails to mention any            

               frequency range, since one is not needed, because Karbo uses a switch type device in the security                  

               bearing to detect actuation of the run flat tire (see Karbo, Figures 2 and 3).  Thus, we cannot agree              

               with the examiner that the ordinarily skilled artisan looking at Jones or Karbo would have been led to             

               "try all typical and practical frequency bands" (Answer, page 7), when Jones specifically teaches                  

               looking for a resonance mode only at 10 to 20 Hz (see Jones, Figure 2 and column 2, line 58 to column              

               3, line 4) and Karbo does not appear to discuss resonant frequency at all.  Accordingly, we find that it           

               would not have been obvious to the ordinary artisan to detect a resonance mode in a frequency range                

               exceeding 100 Hz as required by representative claim 23 on appeal.                                                 

                      The examiner admits that detection of a resonance mode at a frequency exceeding 100 Hz is                   


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