Ex Parte Walter et al - Page 4




               Appeal No. 2006-1621                                                                                                 
               Application No. 10/107,672                                                                                           

               Accordingly, the anticipation rejection of claim 1 based upon the teachings of Lock is sustained.                    
               The anticipation rejection of claims 2, 5, 6, 11, 18 and 19 based upon the teachings of Lock is                      
               likewise sustained because appellants have not presented any patentability arguments for these                       
               claims.                                                                                                              
                       Turning next to the anticipation rejection of claim 1 based upon the teachings of Izawa,                     
               we agree with the examiner’s findings (answer, page 4) that the case 73 in Izawa (Figure 32)                         
               functions as a cup-shaped element, that the magnet 69 and the housing 72 function together as a                      
               retaining part for the electronic sensing element 61, that the electronic sensing element is                         
               embedded in the cup-shaped element and the retaining part by a sealant 67, and that the retaining                    
               part covers an opening in the cup-shaped part.  Again, appellants argue (brief, pages 7 and 8) that                  
               the opening for the sealant in Izawa is on the end of the sensor, and not on the side of the sensor.                 
               As indicated supra, claim 1 on appeal does not preclude the lateral opening from being on the                        
               end of the sensor.  In summary, the anticipation rejection of claim 1 based upon the teachings of                    
               Izawa is sustained.  The anticipation rejection of claims 2 and 6 based upon the teachings of                        
               Izawa is sustained because appellants have not presented any patentability arguments for these                       
               claims.                                                                                                              
                       The obviousness rejections of claims 3, 4, 9 and 10 are sustained because appellants have                    
               not presented any patentability arguments for these claims.                                                          






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