Ex parte HUBER et al. - Page 4




              Appeal No. 1997-0234                                                                                         
              Application 08/219,540                                                                                       


                     measuring a second degree of rotation of said shaft with said encoder during said rotation in         
              said second direction;                                                                                       

                     storing said second degree of rotation of said shaft in said microcomputer;                           

                     calculating a hypothetical zero position for said feeler pin in between said first and second         
              objects with said microcomputer based on said first and second degrees of rotation of said shaft;            

                     rotating said shaft to said hypothetical zero position.                                               

                     No prior art is relied on by the Examiner.                                                            

                     Claims 8-11 stand finally rejected under the second paragraph of 35 U.S.C. § 112 as failing to        

              particularly point out and distinctly claim the invention.                                                   

                     Rather than reiterate the arguments of Appellants and the Examiner, reference is made to the          

              Brief and Answer for the respective details thereof.                                                         

                                                       OPINION                                                            

                     We have carefully considered the subject matter on appeal, the rejection advanced by the              

              Examiner, and the Examiner’s rationale in support of the rejection.  We have, likewise, reviewed and         

              taken into consideration, in reaching our decision, Appellants’ arguments set forth in the Brief along with  

              the Examiner’s arguments in rebuttal set forth in the Examiner’s Answer.                                     

                     It is our view, after consideration of the record before us, that claims 8-11 do not particularly     

              point out the invention in a manner which complies with 35 U.S.C. § 112, second paragraph.                   

              Accordingly, we affirm.                                                                                      


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