Ex parte MONTAGUE - Page 13




         Appeal No. 2001-2065                                                       
         Application 09/124,871                                                     

         small signal receiving area, the number and placement of                   
         sensors for an artisan skilled in the detection arts and [sic]             
         would necessarily be in the position where such detection                  
         enhancement is needed."  These statements clearly indicate                 
         that the Examiner has used Appellant's disclosure against him              
         because only Appellant has stated where the accuracy problem               
         occurs.  In addition, the Examiner's reasoning regarding                   
         claim 3 does not address the claim language about                          
         substantially equal signal sensing areas.                                  
                                     CONCLUSION                                     
              The rejections of claims 1-8 are reversed.                            
                                      REVERSED                                      







                        ERROL A. KRASS                     )                        
                        Administrative      Patent Judge   )                        
                                                      )                             
                                                      )                             
                                                      )                             
                                                      )  BOARD OF PATENT            
                        JERRY SMITH                   )     APPEALS                 
                        Administrative Patent Judge   )       AND                   
                                                      )   INTERFERENCES             
                                                      )                             
                                       - 13 -                                       





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