Ex Parte Dodge et al - Page 9

              Appeal 2007-1202                                                                                                
              Application 10/847,052                                                                                          

              transmitted between a welder and a remote site.  Thus, we find ample evidence to                                
              support the Examiner’s rejection of claim 33 as being anticipated by Niedereder.                                

                      Analysis related to obviousness rejection:                                                              
                      Initially we note that Appellants’ arguments directed to the obviousness                                
              rejection, group claims 1 through 6, 8 through 21, and 23 through 32 together.                                  
              Independent claim 26 is the broadest claim in this group of claims.  Thus, in                                   
              accordance with 37 C.F.R. § 41.37(c)(1)(vii) we group claims 1 through 6, 8                                     
              through 21, and 23 through 32 together and select claim 26 as the representative                                
              claim.                                                                                                          
                      Claim 26 recites a method which includes performing one test sequence                                   
              based in part on a sensor input, determining whether an alarm condition exists and                              
              sending a message to a remote system.  As discussed supra, we find that Brown                                   
              teaches monitoring parameters of a welder, comparing the values to operating                                    
              limits, (see fact 9.)  We consider a comparison of a measured value to an operating                             
              limit to be a test.  Further, as discussed supra, we find that the results of these tests                       
              lead to an alarm condition which is indicated locally and relayed to a central                                  
              computer (remote location), (see facts 9 and 11.)  Thus, Niedereder’s teaching of                               
              signaling a remote computer is cumulative of Brown’s teaching of signaling a                                    
              remote computer and we find that Brown alone teaches the limitations of claim 26.                               
              Appellants’ arguments on page 8 of the brief, that Brown “simply discusses                                      
              various audio-visual alarms that indicate when a parameter falls outside a                                      
              predetermined range” has not persuaded us of a difference between the test                                      
              sequence of claim 26 and Brown’s comparison step.  Thus, we find ample evidence                                 
              to support the examiner’s rejection of claim 26.                                                                


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