Appeal No. 2002-2334
Application 09/097,235
which have no basis in the claim.1 See In re Morris, 127 F.3d
1048, 1054-55, 44 USPQ2d 1023, 1027-28 (Fed. Cir. 1997).
In view of the above discussion, since all of the claimed
limitations are present in the disclosure of Koolen, the
Examiner’s 35 U.S.C. § 102(e) rejection of representative
claim 12, as well as claims 13-15, 18, 20, 22-27, 30, and 34
which fall with claim 12, is sustained.
We also sustain the Examiner’s 35 U.S.C. § 102(e) of claims
12-15, 18-20, 22-27, 30, and 34 based on Stein for essentially
the same reasons as discussed above with respect to the Koolen
reference. We agree with the Examiner that although, as with the
Koolen reference, the resistive and capacitive sensors in Stein
share a sensing surface 12, the resistive sensor is electrically
isolated from the capacitive sensor since when the resistive
sensor is active, i.e., switch 18 in the closed “b” position, the
capacitive sensor is disabled, i.e., switch 18 in the open “a”
position.
1 We make the observation that pending claims 1-6 and 31-33 which
contain limitations directed to the physical substrate separation of the
capacitive and resistor sensors have been indicated to be allowable by the
Examiner.
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