Ex parte MAHALEK et al. - Page 6




          Appeal No. 1999-1661                                                        
          Application No. 08/801,862                                                  

          as the claimed distance sensor.                                             
               After reviewing the Kramer reference, we agree with the                
          Examiner’s characterization of the drain wires 30, 31 as a                  
          “distance sensor” since the walls clearly move through a                    
          distance until they come into contact.  We do consider,                     
          however, the Examiner’ assertion of the obviousness of                      
          recognition to the skilled artisan of this fact to be                       
          misplaced.  In our view, the Examiner’s analysis of the                     
          language of appealed claim 1 and the operation of the drain                 
          wire “distance sensor” of Kramer establishes that all of the                
          elements of claim 1 are in fact disclosed by Kramer.  A                     
          disclosure that anticipates under                                           
          35 U.S.C.  102 also renders the claim unpatentable under                   
          35 U.S.C.  103, for "anticipation is the epitome of                        
          obviousness."  Jones v. Hardy, 727 F.2d 1524, 1529, 220 USPQ                
          1021, 1025 (Fed. Cir. 1984).  See also In re Fracalossi, 681                
          F.2d 792, 794, 215 USPQ 569, 571 (CCPA 1982); In re Pearson,                
          494 F.2d 1399, 1402, 181 USPQ 641, 644 (CCPA 1974).                         
               Although Appellants filed a Reply Brief, no arguments                  
          were directed to the Examiner’s restatement of the line of                  
          reasoning with respect to Kramer’s disclosure of the claimed                

                                          6                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007