Ex parte FUKUMOTO et al. - Page 6




           Appeal No. 1999-0424                                                                  
           Application 08/298,552                                                                


           have made but chose not to make in the brief have not been                            
           considered [see 37 CFR                                                                
           § 1.192(a)].                                                                          
           We consider first the rejection of independent claims                                 
           26 and 32 based on the teachings of Prince taken alone.  The                          
           examiner finds that Prince teaches all the features of these                          
           claims except for the detected signal including a                                     
           predetermined frequency.  Since Prince transmits information                          
           using wave energy, the examiner finds that the wave energy                            
           would obviously provide a predetermined frequency to a wave                           
           energy receiver [answer,                                                              
           page 4].                                                                              
           Appellants make the following arguments with respect                                  
           to independent claims 26 and 32: 1) appellants argue that the                         
           detection means in Prince is not positioned at the base of a                          
           finger as claimed; 2) appellants argue that Prince does not                           
           detect shock which is generated and transmitted through the                           
           finger as claimed; and 3) appellants argue that the carrier                           
           frequency of Prince does not meet the predetermined frequency                         
           of a shock component as claimed [brief, pages 6-10].                                  
           With respect to the first argument, the examiner                                      
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