Appeal No. 95-1994
Application 07/732,493
sight of the teaching value of Andermo. With respect to the
above noted equation, Andermo clearly teaches that the D or
distance should remain fixed to improve accuracy of the
readings in capacitive-type sensors. The gap between the
sensing scales 20 and 30 should be uniform over the entire
area of the overlap. Column 1, lines 59 to 65. Note also
col. 4, lines 16 through 20 as well as col. 5, lines 48
through col. 6, line 1. The focus of Andermo’s teachings is
such as to minimize the tilt represented by Fig. 2F.
Andermo’s discussion also indicates from Fig. 2A and Fig. 2E
that lateral displacement can adversely affect the accuracy of
the readings. Rather than teaching away as argued by
appellant, Andermo’s Fig. 2E actually teaches the artisan that
which is clearly evident in the above noted formula that the
overlapping surface area Ar in the equation actually does in
fact measurably affect measurably the reading values obtained
from a capacitive sensor. Thus, this would have clearly
indicated to the artisan that displacement of the respective
scales 20 and 30 in a lateral sense may itself be a measurable
item as long as the other parameters of the equation are held
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