Ex Parte Boesch et al - Page 8



          Appeal No. 2005-1305                                             8           
          Application No. 10/078,890                                                   

          other stimulus” [column 1, lines 19-22, emphasis added].  This               
          section on Stapelfeld clearly teaches that it was well known to              
          provide an auditory warning before resorting to a shock stimulus             
          in training a dog.  Stapelfeld also discloses that “[w]hen the               
          animal enters the warning zone, only an auditory signal is                   
          delivered.  If the animal continues beyond the warning zone,                 
          however, and proceeds into the avoidance zone, a shock may be                
          delivered” [column 5, line 67 to column 6, line 3].  Thus, we                
          agree with the examiner that Stapelfeld clearly teaches using a              
          sound warning before resorting to a shock stimulus.  Appellants’             
          argument that there is no motivation to combine the teachings of             
          Stapelfeld and Slater is not convincing.  As noted above,                    
          Stapelfeld teaches that an ordered use of sound followed by a                
          shock teaches the dog to react to the sound stimulus alone so                
          that the shock stimulus is not required.  This provides                      
          sufficient motivation for the artisan to use a lower leash pull              
          threshold for the sound warning in Slater than the leash pull                
          threshold for the shock stimulus.                                            
               In summary, we have considered each of appellants’ arguments            
          set forth in the brief, but we are not persuaded by any of these             
          arguments that the examiner’s rejection is in error.  Therefore,             






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