Appeal No. 2006-1621
Application No. 10/107,672
cup-shaped element, that the insert 5, the cover 6, and the connector 7 function as a retaining part
for the electronic system (i.e., IC 3), that the opening 8 at the end of the sensor housing receives
a sealant from dispenser 10, and that the retaining part and the sealant cover the opening at the
top of the cup 2. Appellants’ argument (brief, page 8) to the contrary notwithstanding, the noted
elements 5, 6 and 7 in Gagliardi function to retain the electronic system 3. With respect to
appellants’ argument (brief, pages 7 and 8) that the opening 8 in Gagliardi is not a lateral
opening because it is not located on a longer side of the sensor, we agree with the examiner’s
positions (answer, pages 5, 6, 8 through 11, 13 and 14) that the disclosed and claimed invention
does not support such an interpretation of lateral opening, and that a lateral opening can be
located in an end of the sensor. Thus, the anticipation rejection of claim 1 based upon the
teachings of Gagliardi is sustained. The anticipation rejection of claims 2, 5, 6, 8 and 18 based
upon the teachings of Gagliardi is sustained because appellants have not presented any
patentability arguments for these claims.
Turning to the anticipation rejection of claim 1 based upon the teachings of Lock, we
agree with the examiner’s findings (answer, page 3 and 4) that bolt shaft 12 functions as a cup-
shaped part, that the end 18 functions as a retaining part for the electronic system 30, that an
opening at the end of the sensor receives a sealant that embeds the electronic system in the cup-
shaped part (column 3, lines 5 through 7, column 4, lines 4 through 7), and that the retaining part
covers an opening in the cup-shaped part. Appellants repeat the lateral opening argument to
distinguish Lock’s teachings from the invention set forth in claim 1 (brief, pages 7 and 8), but we
agree with the examiner’s position that the lateral opening can be in the end of the sensor.
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