Appeal No. 2002-0543 Page 5
Application No. 09/118,629
A. PROXIMITY SWITCH
The examiner finds, "Takabe clearly discloses [0003] that prior art switch
assemblies could comprise a switch that can be illuminated when operation of said
sensor switch is detected or foreseeing in advanced with a proximity." (Examiner's
Answer at 7.) The appellant argues, "the Takabe et al. reference teaches a series
combination of proximity sensors with a logic unit having a control algorithm that
considers switch status indications and conditions of adjacent switch groupings. . . ."
(Appeal Br. at 7-8.)
In addressing the point of contention, the Board conducts a two-step analysis.
First, we construe the representative claim to determine its scope. Second, we
determine whether the construed claim would have been obvious.
1. Claim Construction
"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). "A transitional term such as 'comprising' or . . . 'which comprises,' does not
exclude additional unrecited elements, or steps. . . ." Moleculon Research Corp. v.
CBS, Inc., 793 F.2d 1261, 1271, 229 USPQ 805, 812 (Fed. Cir. 1986).
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