Ex Parte Bushko et al - Page 4

                Appeal 2006-3404                                                                                 
                Application 10/601,715                                                                           
                                                    ISSUE                                                        
                       The issue is whether Appellants have shown that the Examiner erred                        
                in rejecting claims 1-11 and 13-33 under 35 U.S.C. §§ 102(b) and 103(a)                          
                (2004).  The issue turns on a key limitation exhibited in claim 1, and in                        
                similar forms in all the other claims on appeal, namely “disposed on the                         
                detecting face of the detector.”  Appellants assert that, “Klotz fails to                        
                disclose the capacitive proximity detection system being disposed on the                         
                detecting face of the detector assembly.”  (Br. 10).  Examiner asserts the                       
                contrary.  Also at issue, especially with respect to claim 15, and its                           
                dependent claims, is whether the sensors for the detection system in Klotz                       
                are disposed on a substrate substantially in a plane.                                            

                                            FINDINGS OF FACT                                                     
                Group I: Findings with respect to the rejection of claims 1-5, 7, 9, 10,                         
                13-24, 26, 27, 29, 30, 32, and 33 under 35 U.S.C. § 102(b).                                      
                          1. A careful reading of the claims in view of the issues raised in                     
                             the Brief and Answer indicate the key limitation to be “…a                          
                             collision avoidance array disposed on the detecting face of the                     
                             detector and configured for sensing objects.”                                       
                          2. The Klotz reference discloses “[a] capacitive proximity                             
                             detection system for positioning a movable radiation imaging                        
                             element support structure with respect to a subject includes a                      
                             plurality of sensor plates disposed in a collar assembly around a                   
                             portion of an imaging component disposed towards a                                  
                             subject….”  (Klotz, Abstract).                                                      


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