Ex parte GIFFORD - Page 29




          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,                    

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