Appeal No. 1997-2245 Page 5
Application No. 08/402,872
first to the rejection of independent claim 1, the examiner's
position (final rejection , page 3) is that 4
Mishin, Weitschies et al. and Macri et al.,
while appearing to teach the use of an ingestible
magnetic substance for monitoring the motility of
the gastrointestinal tract, do not appear to
specifically teach the use of a compass to detect
the displacements of the magnetic substances instead,
they make use of induction coils, SQUID and MRI systems.
To overcome this deficiency of Mishin, Weitschies, and Macri,
the examiner turns to Leibing for a teaching of using a
compass in systems for locating concealed objects. The
examiner asserts (final rejection, page 4) that Leibing
discloses a magnetic detector including a casing 11 having a
plurality of magnetized needles. In operation, the casing is
moved along the floor until the position of the needles
indicates that the casing is directly above a magnet which is
concealed in the floor. The examiner concludes (id.) that one
of ordinary skill in the art would have modified the devices
of Mishin, Weitschies, and Macri "to have made use of a
simple, reliable, relatively inexpensive compass detecting
device as taught by Leibing to locate and measure the
4 Incorporated by reference into the answer (page 3).
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