Ex parte BALL - Page 14




          Appeal No. 1998-0752                                                        
          Application 08/389,096                                                      


          determining the numerical differences between adjacent sample               
          amplitude ratio values, and comparing the set of ratio                      
          difference values to previously stored sets to determine the                
          "event" recognized. Therefore, we find that the prior art                   
          relied upon by the Examiner fails to teach the limitations of               
          claim 8, for the same reasons specified with respect to claim               
          1.  Thus, we will not sustain the rejection of claims 1-4 and               
          8 under 35 U.S.C. § 103.                                                    
               On page 12 of the Brief, Appellant argues that claim 10                
          is patentable because the step of setting threshold values of               
          differences between adjacent sample amplitude ratio values, in              
          order to identify whether the slope is rising, falling, or                  
          unchanged, is not taught by the combination of Toyama, Kao,                 
          and AAPA advanced by the Examiner.                                          
               Upon a careful review of the references applied by the                 
          Examiner, we fail to find that any one of Toyama, Kao, or AAPA              
          teach the setting of threshold values of the difference                     
          between normalized sample amplitudes which define whether                   
          their slope is rising, falling, or unchanging.  Toyama merely               
          teaches a two comparator system, in which one comparator                    


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