Ex Parte HO-LUNG et al - Page 7



          Appeal No. 2003-0429                                                        
          Application 09/282,862                                                      

          on the sensors of Bolle.  In other words, it is apparent to us              
          that equipment 660 in Bolle captures images of fingerprints and             
          is, therefore, a biometric sensor.  It is also clear to us that             
          force sensor 665 in Bolle is used to detect force variations                
          [column 8] and is, therefore, a sensor for determining if the               
          personal input is from a living person.  The fact that the                  
          examiner reversed the reading of the Bolle sensors does not                 
          negate what the reference actually teaches to the skilled                   
          artisan.  The two sensors are clearly adjacent to each other                
          because the additional sensor of Bolle measures temporal changes            
          of the fingertip at the fingerprint sensor.                                 
          Claim 1 simply recites that the computer has a cover for                    
          protecting the sensors from environmental forces when the sensors           
          are not in use.  Although Rambaldi may not be the best reference            
          for teaching a cover as recited in claim 1, Rambaldi does teach             
          providing a protective coating or cover for sensors.  As noted by           
          appellants, the examiner cannot simply rely on common sense and             
          common knowledge as a substitute for evidence lacking in the                
          record.  This particular record, however, does support the                  
          rejection as formulated by the examiner.  Although there must be            
          prior art which teaches or suggests the broad concept of a cover            
          for a biometric sensor, the knowledge of the artisan cannot                 
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