Ex Parte HARKIN - Page 12




             Appeal No. 2001-0040                                                                                  
             Application No. 09/037,105                                                                            


             claimed invention, merely another type of data/characteristic is recited without any                  
             qualification.  From our understanding of data transmission, the limiting factors would               
             be the specific type of sensor, its signal strength and format of the transmission which              
             would limit the application thereof.  Here, we have no limitations to any such detail.                
             Therefore, we agree with the examiner and do not find that appellant has shown error in               
             the examiner’s prima facie case of obviousness of dependent claim 14.                                 
                    The examiner found that claim 9 distinguishes over the prior art.                              
                    With respect to dependent claim 10, appellant attempts to modify the groupings                 
             set forth in the brief at page 3 and separately argue claim 10 at page 5 of the reply.  For           
             completeness, we will address appellant’s argument.  Appellant argues that dependent                  
             claim 10 recites that the sensors are in a consistent pattern in both regions.  (See reply            
             brief at page 5.)  From our review of Ruell, we find that the pairs of sensors 31/32 are in           
             a consistent pattern which is different from that of the sensors in the first portion.  Here,         
             the language of claim 10 does not limit the size or arrangement of the sensors beyond                 
             a substantially lower spatial frequency in the second portion which is present in the                 
             teachings of Ruell as discussed above.  Therefore, this argument is not persuasive, and               
             we will sustain the rejection of dependent claim 10.                                                  






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