Ex parte TOYAMA et al. - Page 14




          Appeal No. 1996-3814                                      Page 14           
          Application No. 08/348,835                                                  
          substance,” Decision, p. 4.  However, the relevant issue here               
          is whether the claim, which is directed to “a method” which                 
          comprises using said substrate, sets forth said method with “a              
          reasonable degree of precision and particularity.”  In re                   
          Moore, 439 F.2d 1232, 1235, 169 USPQ 236, 238 (CCPA 1971).                  
               In turning to the section of the specification relied                  
          upon by the majority (i.e., page 2, lines 23-27), I find that               
          it states that “the magnetic sensor, predetermined magnetic                 
          patterns are manufactured with high accuracy of position by                 
          the magnetic head for recording, and the magnetic patterns are              
          detected by the magnetic head for detection to acquire                      
          information on a position.”  I do not find that such teachings              
          shed much light on steps necessary to perform the claimed                   
          method which comprises using the substrate described in claim               
          2, which is formed with grooves in predetermined patterns and               
          filled with a magnetized magnet substance, to detect said                   
          predetermined patterns.  The quoted passage indicates that the              
          substrate is manufactured with high accuracy of position.  In               
          addition, the quoted passage indicates that the predetermined               
          patterns in the substrate are detected by a separate                        
          instrument; i.e., a magnetic head, for detection to acquire                 
          information on a position.  However, there is no requirement                







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