Appeal No. 1997-2245 Page 10
Application No. 08/402,872
magnetic material in a patient. Nor is Leibing broadly
directed to using a compass for determining the directional
movement of a concealed magnetic material. The examiner is
correct that Leibing discloses using a compass to locate a
concealed object. However, the fact the Leibing uses a
compass to locate a concealed magnet in a building does not
suggest replacement of the EMF or magnetic field sensors of
Mishin, Weitschies, and Macri as a mere substitution of one
location measuring means for another, as advanced by the
examiner.
Each of Mishin, Weitschies, and Macri measure field
strength in sensing gut motility. However, none of these
references recognizes the benefits obtained from use of a
compass for sensing directional movement. Leibing is not
related to use of a compass to locate a magnet inside of a
person, and is not related to using a compass to track
directional movement in an apparatus for measuring gut
motility. The examiner's rationale in support of the
rejection (final rejection, page 4) is that the modification
would reduce costs and simplify the procedure. We consider
the examiner's rationale to be directed to the benefits that
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