Ex Parte Oestreicher et al - Page 19




              Appeal No. 2006-0022                                                                    Παγε 19                 
              Application No. 09/810,943                                                                                      



              the sample rates for the weight sensor is preset to be relatively low.  In our view, this                       
              teaching is not suggestive of approximately every thirty milliseconds.                                          


                      For the reasons set forth above, the decision of the examiner to reject claims 62,                      
              64 and 70 under 35 U.S.C. § 103 is reversed.                                                                    


              Claims 63, 71 and 72                                                                                            
                      We will not sustain the rejection of claims 63, 71 and 72.                                              


                      Appellants argue (brief, pp. 23-24) that the applied prior art does not teach or                        
              suggest a controller which determines the weight by computing a biased average of                               
              each of the sensors over time and summing all of the biased averages together to                                
              obtain a total weight.  We agree. The applied prior art does not teach or suggest                               
              computing a biased average of each of the sensors as set forth in these claims.                                 


                      For the reasons set forth above, the decision of the examiner to reject claims 63,                      
              71 and 72 under 35 U.S.C. § 103 is reversed.                                                                    












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