Appeal No. 95-1994
Application 07/732,493
In our view, the examiner correctly relies upon this
equation and the statement of the ability of the artisan to
determine other parameters from the second above quoted
paragraph to indicate to the artisan the desirability of
modifying the Lalonde function not to sense distance D but to
sense displacement or permittivity. Andermo, on the other
hand, is properly relied upon in our view to indicate that it
was known in the art to determine other parameters in a
capacitance-type measuring transducer when the distance has
been fixed. Andermo includes an extensive discussion of the
desirability of fixing the distance to increase the accuracy
of the measurement. In fact, displacement sensing is
suggested in the discussion at col. 1, lines 24 through 31 of
Andermo. It is clear to us that appellants’ disclosed and
claimed invention operates under the principles of the above
noted equation and the determination of other parameters is
based upon basic algebraic manipulations as correctly argued
by the examiner.
Moreover, we note that in Para-Ordnance Mfg., Inc. v. SGS
Importers Int’l, Inc., 73 F.3d 1085, 1090, 37 USPQ2d 1237,
1240-41 (Fed. Cir. 1995), cert. denied, 117 S. Ct. 80 (1966),
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