Ex Parte LIGARD - Page 3




            Appeal No. 2002-0061                                                          Page 3              
            Application No. 09/253,475                                                                        


            § 103(a) as obvious over Sayers, Burayez, Drori, and U.S. Patent No. 4,642,612                    
            ("Crump").1                                                                                       


                                                  OPINION                                                     
                   Rather than reiterate the positions of the examiner or the appellant in toto, we           
            address the main point of contention therebetween.  Admitting that "[i]t is not very clear        
            in Sayers that the intrusion detector is a motion detector," (Examiner's Answer at 4), the        
            examiner asserts, "Burayez teaches a similar system wherein a motion detector is used             
            to detect an intrusion."  (Id.)  The appellant argues, "Burayez' motion detector, if any, is      
            positioned outside of the area to be protected. . . ."  (Appeal Br. at 10.)                       


                   "Analysis begins with a key legal question -- what is the invention claimed?"              
            Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d 1593, 1597 (Fed.                
            Cir. 1987).  In answering the question, "the Board must give claims their broadest                
            reasonable construction. . . ."  In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664,                
            1668 (Fed. Cir. 2000).                                                                            


                   1"Where a reference is relied on to support a rejection, whether or not in a 'minor        
            capacity,' there would appear to be no excuse for not positively including the reference          
            in the statement of rejection."  In re Hoch, 428 F.2d 1341, 1342 n.3, 166 USPQ 406,               
            407 n.3 (CCPA 1970).  Here, although the examiner mentions "Reeder," (Examiner's                  
            Answer at 21), he fails to include the reference in the statements of the three rejections.       
            (Id. at 3, 7, 9.)  Accordingly, we will not consider the reference in deciding this appeal.       







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