Ex Parte NIELSEN et al - Page 17




                    Appeal No. 2001-0338                                                                                                                                  
                    Application No. 08/932,953                                                                                                                            


                    power to the eyetrackers.  The Examiner argues that Oyagi's                                                                                           
                    teaching of turning off the sensor would provide even more power                                                                                      
                    savings.                                                                                                                                              
                              Thus, we find that the Examiner is not relying on Oyagi for                                                                                 
                    teachings of power savings by turning off sensors that are part                                                                                       
                    of the display system.  Therefore, for this reason, one of                                                                                            
                    ordinary skill in the art would have modified Schoolman and                                                                                           
                    Tonosaki to turn off the eyetrackers.  Therefore, we do not agree                                                                                     
                    with the Appellants that Oyagi would teach away from Appellants'                                                                                      
                    claimed limitation recited in claim 13.                                                                                                               
                              Appellants further argue that the combination is improper                                                                                   
                    because the modification of Tonosaki suggested by the Examiner                                                                                        
                    would defeat the purpose of Tonosaki.  Upon our review of                                                                                             
                    Tonosaki, we find nothing that would suggest that a controller                                                                                        
                    for turning off the eye sensors when it is determined that the                                                                                        
                    display is no longer needed would defeat the Tonosaki invention.                                                                                      
                    To the contrary, we find that the proposed combination by the                                                                                         
                    Examiner would further provide additional power savings and would                                                                                     
                    only enhance the Tonosaki invention.                                                                                                                  
                              In view of the foregoing, we have sustained the Examiner's                                                                                  
                    rejection of claims 5-13, 17-19 and 21-23.                                                                                                            


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