Ex Parte WELLNHOFER et al - Page 3





                 Appeal No. 1996-3356                                                                                                              
                 Application No. 08/235,668                                                                                                        



                                               Reference Relied Upon by the Examiner                                                               

                         Hartford et al. (Hartford)                  4,255,789                         Mar. 10, 1981                               

                         Claims 1-5 stand rejected under 35 U.S.C. § 103 as being unpatentable over                                                

                 Hartford.                                                                                                                         

                         Rather than reiterate the conflicting viewpoints advanced by the Examiner and the                                         

                 appellants, we make reference to the briefs1 and answer2 for the details thereto.                                                 

                                                                     OPINION                                                                       

                         In reaching our decision in this appeal, we have given careful consideration to the                                       

                 appellants' specification and claims, to the applied prior art reference, and to the                                              

                 respective positions articulated by appellants and the examiner.  As a consequence of our                                         

                 review, we make the determinations which follow.                                                                                  

                         Here, we note that the examiner has latched onto a number of  teachings in                                                

                 Hartford that the sampling frequency or interval of each of the sensors of each individual                                        

                 control components may be independently controlled or adjusted by the computer control                                            



                         1 Appellants filed an appeal brief, December 18, 1995, (Paper No. 14).  We will refer to this                             
                 appeal brief as simply the brief.  Appellants filed an reply brief, June 10, 1996, (Paper No. 16).  We will                       
                 refer to this appeal brief as simply the reply.  Appellants filed a reply to the examiner’s response to the                       
                 Remand on October 24, 2001, (Paper No. 20).  We will refer to this reply as the response.                                         
                         2 The Examiner responded to the brief with an Examiner's Answer mailed April 5, 1996, (Paper                              
                 No. 15).   We will refer to this examiner's answer as simply the answer.   The reply brief was noted in a                         
                 paper mailed July 30, 1996, (Paper No. 17) indicating that no further response was required. The                                  
                 Examiner responded to the first Remand with an letter mailed September 28, 2001, (Paper No. 19).   We                             
                 will refer to this examiner's letter as simply the letter.  The Examiner responded to the second Remand                           
                 with a Supplemental Examiner's Answer mailed January 14, 2003, (Paper No. 22).   We will refer to this                            
                 supplemental examiner's answer as simply the supplemental answer                                                                  
                                                                       -3-                                                                         






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