Appeal No. 2005-2313 10
Application No. 10/052,695
Again, we are unpersuaded by appellants’ arguments which relate to a single
reference when the rejection is based on a combination of references and the argued
limitations are alleged to be taught in the secondary reference.
With specific reference to claim 34, appellants argue that Dietz’s completed circuit,
caused by a touch input, will always include ground, whereas the instant claim 34 recites
that the sensitivity of a capacitive touch sensor is enhanced by completing a circuit that
comprises a user, the first contact point, and the touch sensor and “that does not include a
ground.”
We agree with the examiner in that Figure 4 of Dietz, and its attendant description,
shows a touch sensor as a capacitive touch sensor and the completion of the circuit,
comprising a user, a first contact point, and the touch sensor, does not include a ground.
There is no ground shown in Figure 4 and there is none described by Dietz. We also note,
with curiosity, as did the examiner, that whereas the claim calls for the circuit not including
a ground, Figures 5-8 of appellants’ application do include a ground. In view of Dietz’s
Figure 4 and appellants’ Figures 5-8, it is not clear to us why appellants contend that in
Dietz’s system, “a completed circuit caused by a touch input will always include a ground”
(principal brief-page 5).
At pages 2-3 of the reply brief, appellants further explain that Figure 4 of Dietz is
merely a “simplified circuit diagram...” and that it “would be expected that at least the
transmitter includes a power source that is connected to an earth ground.” We disagree.
If there is such a power source requiring a ground, then it would appear that appellants’
circuit would also require this ground. But, appellants argue, their specification describes
embodiments such as a hand-held mobile device that has its own internal power source,
not connected to earth ground, whereas Dietz does not disclose such an embodiment.
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