Appeal No. 1999-1660
Application No. 08/444,242
cannot sustain the rejection of claims 33 through 37, 40
through 44, 47 and 48 over Forbath.
For claims 38, 39, 45, 46, 49, and 50, the examiner
relies on Miller in view of the teachings of Forbath. Miller,
discloses the placement of a switch and timer on a user's
finger and arm, respectively. Miller, however, is directed to
timing events, such as during athletic activities, where the
user must be able to concentrate on such activity and is,
thus, very much awake. Miller does not suggest using the
timer for measuring sleep or awake time. Additionally, the
user in Miller activates a timer by depressing and releasing a
switch. The user then stops the timer at the conclusion of
the activity by again depressing and releasing the switch.
Both activation and deactivation are accomplished by
consciously pressing the switch. Miller's method differs
significantly from the claimed methods of activating and
deactivating a timer by releasing contact with a switch when
the user falls asleep. Consequently, Miller cannot cure the
above-noted deficiency of Forbath. Therefore, we cannot
sustain the rejection of claims 38, 39, 45, 46, 49, and 50
over Miller and Forbath.
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