Appeal 2007-0481
Application 10/654,049
Naboulsi gives several examples of types of sensors that convert pressure to
an electrical signal, one being a carbon-type transducer (Para. [0044]).
9. Naboulsi teaches a system in which the driver must place both
hands on the steering wheel, sensed by sensors S1 and S2, before the system
will enable use of a wireless telephone (Para. [0045]).
10. Kim teaches a tactile sensor composed of a carbon fiber layer and
two conductive layers on opposite sides of the carbon fiber layer. Pressure
applied to the sensor reduces the electrical resistances measured across the
carbon fiber layer (col. 2, line 66 to col. 3, line 4).
PRINCIPLES OF LAW
In rejecting claims under 35 U.S.C. § 103, the Examiner bears the
initial burden of establishing a prima facie case of obviousness. In re
Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). See
also In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir.
1984). The Examiner can satisfy this burden by showing that some
objective teaching in the prior art or knowledge generally available to one of
ordinary skill in the art suggests the claimed subject matter. In re Fine, 837
F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). Only if this initial
burden is met does the burden of coming forward with evidence or argument
shift to the Appellant. Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444. See
also Piasecki, 745 F.2d at 1472, 223 USPQ at 788. Thus, the Examiner
must not only assure that the requisite findings are made, based on evidence
of record, but must also explain the reasoning by which the findings are
deemed to support the Examiner’s conclusion.
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