Ex parte BATTOCCHIO et al. - Page 6

               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               


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