Appeal No. 1997-2883 Application 08/379,443 not taught explicitly in Jones (Answer, page 5), and that "no teaching nor suggestion was found in the reference to motivate the setting of the appropriate thresholds" such as a frequency band exceeding 100 Hz (Answer, page 4). We are not persuaded by the examiner’s reasoning that because "[i]t may or may not happen that the range includes a resonance mode of an order greater than the first resonance mode" (Answer, page 5), "the skilled artisan, without undue experimentation, would try all typical and practical frequency bands until he found the one which yields the best results" (Answer, page 7). The only direction to analyze a resonant mode which occurs at a frequency exceeding 100 Hz in order to avoid flat tire detection being affected by diverse sources (instead of analyzing the resonant mode at 10 to 20 Hz as is conventional) is found in appellants’ own disclosure. Only appellants have recognized the difficulty of singling out a run flat actuation from other road noise, diverse sources, or tire overloading. Neither Jones nor Karbo is directed to solving the problem appellants have recognized of isolating run flat actuations from other types of vehicle operation difficulties in order to more accurately notify a vehicle operator of a run flat actuation. Indeed, both Jones and Karbo detect all abnormal conditions which include flat tires, overloaded tires, and run flat actuations (see Jones, column 2, line 58 to column 3, line 9; and Karbo, column 4, lines 52 to 57 and column 6, lines 42 to 45). We agree with appellants (Reply Brief, pages 2 to 3) that the examiner has employed hindsight 6Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007