Ex parte TOYAMA et al. - Page 2




          Appeal No. 1996-3814                                       Page 2           
          Application No. 08/348,835                                                  

                                     BACKGROUND                                       
               The appellants' invention relates to a method of                       
          acquiring position information by detecting predetermined                   
          patterns of magnetic substance in a substrate formed with                   
          grooves filled with the magnetic substance.  An understanding               
          of the invention can be derived from a reading of the sole                  
          appealed claim 2, which is reproduced below.                                
               2. A method comprising providing a substrate formed with               
          grooves arranged in accordance with predetermined patterns and              
          a magnetized magnetic substance filling said grooves, using                 
          said substrate with said magnetized substance as a magnetic                 
          scale including detecting said predetermined patterns to                    
          acquire information on a position.                                          
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Henrich et al. (Henrich)           3,768,094                Oct.            
          23, 1973                                                                    
          Marechal et al. (Marechal)    4,899,037                Feb. 06,             
          1990                                                                        
               Claim 2 stands rejected under 35 U.S.C. § 112, second                  
          paragraph, as failing to particularly point out and distinctly              
          claim the subject matter which applicants regard as the                     
          invention.  Claim 2 stands rejected under 35 U.S.C. § 103 as                
          being unpatentable over Henrich in view of Marechal.                        







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