Appeal 2007-2769
Application 09/929,242
Claim 1 stands rejected under 35 U.S.C. § 103 as unpatentable over
Hauer in view of Friemann.
Claim 5 stands rejected under 35 U.S.C. § 103 as unpatentable over
Hauer in view of Friemann and Terauchi.
ISSUES
The sole issue for our consideration in this appeal is whether the
Appellants have established, by a preponderance of the evidence, that the
Examiner erred in rejecting claims 1 and 5 for obviousness.
FINDINGS OF FACT
Hauer discloses a table saw with several safety features. The feature
of interest is a so-called Theremin system for detecting proximity to the saw
blade. The Theremin, a well-known musical instrument, is an oscillator that
changes pitch based on its proximity to a body part such as a hand or finger.
In this instance, the oscillator is configured to retract the cutting tool when a
certain frequency or pitch is detected. Thus, we agree with Appellants that
Hauer is generally directed to a proximity system for retracting a cutting
tool.
Friemann on the other hand is directed to a protective circuit for use in
a band saw. Friemann mentions two prior art attempts to protect the user’s
hands. The first involves wires that form a protective barrier around the
band saw. However, these wires sometimes trap the operator’s hand
increasing the seriousness of accidents. See col. 1, ll. 14-19. Friemann also
discloses a prior art cutter surrounded by light barriers that stop the motor
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