Appeal No. 2002-0863
Application No. 08/770,039
The examiner has further concluded that it would have been
obvious to incorporate the illuminometer of Sakai in the systems
of Nishiaki and Goo so that the light is on only when necessary.
(Examiner’s Answer, page 5, line 19 - page 6, line 1).
As we find the underlying prima facie case of obviousness to
be based upon an error of fact, we reverse.
The examiner has concluded that a CPU is inherently present
within the system of Nishigaki and that CPU controls the second
switch. (Examiner’s Answer, Page 4, lines 1-4). This is
incorrect.
The power conserving switch 37 in Nishigaki’s Figure 8
changes over when the potential difference supplied by the battery
does not allow resistor 28 to be connected with resistor 29 in
parallel, preventing turn-on of transistors 32 and 33. The light
is then maintained in an off position. This is not inherently a
CPU without which “the light would not function properly with
regard to the switches” (Examiner’s Answer, page 4, lines 3-4).
Further, the examiner is incorrect in stating that element
16a is a switch. It appears that element 16a is depicted as a
switch in traditional nomenclature as the circuit can be opened at
that point by removal of the battery. However, Nishigaki states
that element 16a and 9a are power source terminals for the
battery. (Column 8, lines 39-40). The power source switch is
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