Ex parte STOLLSTEIMER et al. - Page 6




          Appeal No. 1996-3058                                                        
          Application 08/192,520                                                      


                         conductive and when rotated in                               
                         counterclockwise direction the                               
                         conductive material 65 which                                 
                         forms the pattern is                                         
                         electrical[ly] conductive, see                               
                         col. 8, lines 35-52.                                         
                         It is submitted that while                                   
                         the conductive surfaces 60 and 65                            
                         may be electrically separate due                             
                         to counterclockwise or clockwise                             
                         rotation of plate 122, all of the                            
                         conductive material which forms                              
                         the pattern is electrically                                  
                         connected.  (Answer-page 7.)                                 
                    We agree with the Examiner, while Appellants have                 
          one set of patterns which are claimed as “electrically                      
          connected,” Welch has two sets of patterns, each of which is                
          electrically connected.  Appellants’ “comprising” language                  
          does not preclude                                                           
          a second set of patterns.  Additionally, Welch’s figure 5                   
          contains one set of patterns of conductive material 61 which                
          is electrically connected.                                                  
                    Appellants further argue:                                         
                         In moving from gear 4L to 2H                                 
                         in Figure 5 of Welch et al., none                            
                         of the states remains constant                               
                         from gear 4L and changes only                                
                         upon arrival at gear 2H.  The                                
                         state measured by contact 223C is                            

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