Appeal No. 1998-0631 Application 07/957,990 There is a predetermined threshold 37 in the "Human Factor" publication. However, the "Human Factor" apparatus works by comparing the incremental change between the current key force and the last key force to a threshold or the change from the average value to a threshold, rather than comparing each key force against an absolute threshold. The Examiner fails to address this difference in the obviousness reasoning. Nevertheless, we consider that it would have been trivially obvious to one of ordinary skill in the art to compare the current key force directly against a threshold instead of comparing the key force to the last key force or to the average key force in order to simplify the measurement. Although no numerical threshold values are taught in the "Human Factor" publication, one of ordinary skill in the art, knowing that a threshold value should be selected, is presumed to have had sufficient skill to determine a specific value by routine experimentation. See In re Boesch, 617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980) ("[D]iscovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art."); In re Aller, 220 F.2d 454, 456, - 29 -Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NextLast modified: November 3, 2007