Ex Parte Bendicks et al - Page 4




              Appeal No. 2004-0613                                                                                       
              Application No. 09/857,551                                                                                 


              the physical value and the operating condition of the sensor element.  (See brief at page                  
              7.)  The examiner maintains that Wellman teaches a logic block 124 in Figure 7 which                       
              mixes and overlays the primary and secondary signals to form a combined signal.  (See                      
              answer at pages 3 and 5.)  From our review of Wellman, we disagree with the examiner                       
              and do not find that multiplexer 124 combines two signals to form a single output signal                   
              containing both information quantities.  Additionally, the examiner maintains that the A/D                 
              converter “converts the analog output signal 102 into digital output signal and combines                   
              it with the digital output signal 104 to output one combined signal (figure 7).”  (See brief               
              at page 5.)  We find no clear support for the examiner’s position and merely find that the                 
              signals are transmitted to the microprocessor, but not disclosed as combined as recited                    
              in independent claim 20.  Therefore, we do not find that Wellman teaches every                             
              limitation recited in independent claim 20, and we cannot sustain the rejection of                         
              independent claim 20 and its dependent claims.                                                             
                     Similarly, we do not find that the examiner has made a persuasive showing of the                    
              obviousness of the invention as recited in independent claim 20 and dependent claim                        
              23, and we cannot sustain the rejection of dependent claims 23 and 24.                                     





                                                    CONCLUSION                                                           

                                                           4                                                             





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