Ex parte MIWA - Page 4




               Appeal No. 1999-0445                                                                                                   
               Application No. 08/351,583                                                                                             


                       The examiner urges that the appellant's specification fails to provide an enabling                             
               disclosure of a tonometer comprising a processing means for "determining an amended time                               
               based on the time detected by the time detection means when the result of the pressure                                 
               comparison indicates that the pressure change is different than the standard pressure                                  
               characteristic" as recited in claim 1.  As explained in the appellant's specification, from page                       
               11, line 24, to page 12, line 13, the microcomputer circuit 6, which corresponds to the recited                        
               processing means, behaves as follows:                                                                                  
                       a)      If the rate of change X(t) is equal to 1 (i.e.,  no difference between the                             
                       pressure change and the standard pressure characteristic), the actual curve is                                 
                       used to determine intraocular pressure (IOP).  In this case, time is not amended.                              
                       b)      If the rate of change is not equal to 1 (i.e., a difference is detected                                
                       between the pressure change and standard pressure characteristic), then time t is                              
                                     )          )                                                                                     
                       amended to t  wherein t  = t@X(tx) and the IOP is calculated using the amended                                 
                       time.                                                                                                          
                       c)      If the rate of change is greater than 1.3, a stop signal is input to the                               
                       solenoid driving circuit 9 to prevent the applied air pressure from rising                                     
                       abnormally.  In this instance, an amended time may not be determined.                                          
               The examiner does not contend that one of ordinary skill in the art would not have been able to                        
               make and use a microprocessor which operates as set forth in situations a) through c) above                            


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