Appeal No. 1999-0424
Application 08/298,552
responds that the sensor in Prince “is located at the tip of
the finger, which is at the base of the finger” [answer, page
8]. Alternatively, the examiner responds that shifting the
location of parts is not patentable [id.]. With respect to
the second argument, the examiner responds that the
measurement of pressure and acceleration in Prince is the same
as the claimed shock detection [id.]. With respect to the
third argument, the examiner repeats his position that Prince
transmits wave energy through pressure sensing means to a
computer [id., pages 9-10].
Appellants respond that the sensors in Prince are
located at the finger tips and not at the base of the fingers
as claimed. Appellants also respond that pressure is not the
same as shock. Finally, appellants respond that the placement
of the claimed shock detectors at the base of the fingers
provides significant advantages not disclosed or suggested by
Prince [reply brief].
We agree with appellants’ position as argued in the
briefs. The claimed invention recites shock detecting means
positioned at the base of a finger. The examiner’s attempt to
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