Ex Parte Napolez et al - Page 3



            Appeal 2007-1916                                                                                
            Application 10/753,113                                                                          
                               neck motion detection signal and signals from the                            
                               vibration sensor to enable the controller to produce                         
                               the aversive stimulus control signals; and                                   
                               (g) circuitry coupled to the controller to produce                           
                               the aversive stimulus signals between the first and                          
                               second stimulus electrodes in response to the                                
                               aversive stimulus control signals.                                           

                                            THE REJECTIONS                                                  
                   The Examiner relies upon the following as evidence of unpatentability:                   
                    Hollis                   US 6,263,836 B1                Jul. 24, 2001                   

                   The following rejections are before us for review.                                       
               1. Claims 3-9 are rejected under 35 U.S.C. § 102(b) as anticipated by Hollis.                
               2. Claim 5 is rejected under 35 U.S.C. § 103(a) as unpatentable over Hollis.                 

                                                  ISSUE                                                     
                   The issue before us is whether Appellants have shown that the Examiner                   
            erred in rejecting claims 3-9 under 35 U.S.C. § 102(b) as anticipated by Hollis; and            
            claim 5 under 35 U.S.C. § 103(a) as unpatentable over Hollis.  The issue turns on               
            whether Hollis discloses a controller that is operative in response to the                      
            combination of a neck motion signal and a signal from a vibration sensor to enable              
            the controller to produce an aversive stimulus control signal to a dog.                         
                   Arguments which Appellants could have made but chose not to make in the                  
            Briefs have not been considered and are deemed to be waived.  See 37 C.F.R.                     

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