Ex parte LEMENSE - Page 9




             Appeal No. 1999-1742                                                                                 
             Application No. 08/730,674                                                                           


             return signal and a second frequency to provide a beat signal                                        
             having a beat frequency.                                                                             
                    For this feature, the examiner relies on Breed for a                                          
             teaching of a vehicle occupant position sensor wherein the                                           
             sensor disables the inflatable restraint system if the occupant                                      
             is in danger including                                                                               
                    a first and second signal generated pulse, the second                                         
                    signal having a second frequency slightly different                                           
                    from the first signal and a means for combining the                                           
                    first and second signal to produce a first beat signal                                        
                    (See column 15, lines 1-11).                                                                  
             Answer, p. 4. The examiner concluded that it would have been                                         
             obvious to combine the teachings of Blackburn and Breed “in                                          
             order to provide an appropriate signal that would allow the safe                                     
             deployment of the restraining device” (answer, p. 5).                                                
                    As to claim 14, the examiner also acknowledges (answer, p.                                    
             6) that Blackburn does not disclose “the combiner for mixing the                                     
             frequency signals as discussed and therefore is rejected for the                                     
             same reasons as discussed above.”                                                                    
                    The appellant argues that a person of ordinary skill in the                                   
             art would not have arrived at the claimed invention based on the                                     
             combined teachings of the applied prior art, except by the use                                       


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