Appeal No. 1999-1660
Application No. 08/444,242
review, we will reverse the obviousness rejections of claims
33 through 50.
All of the claims are directed to methods for recording
either awake or sleep time to assist in the treatment of
sleeping disorders. Each claim includes in the preamble a
reference to recording sleep or awake times and to the use of
treating sleeping disorders and also includes a step of
removing user contact from a switch "when the user falls
asleep."
Forbath is directed to the recording of time periods
associated with childbirth such as for labor pain, fetus
movement, and breastfeeding. In Forbath, the user contacts a
switch, for example at the beginning of a contraction, thereby
starting a timer, maintains contact throughout the
contraction, and stops the timer by removing contact with the
switch at the end of the contraction. Nowhere does Forbath
suggest a step of removing contact with a switch as the user
falls asleep nor measuring awake or asleep time.
The examiner admits (Final Rejection, page 2) that
Forbath fails to disclose "the environment of recording
'sleep' and 'awake' times." The examiner, however, concludes
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