Ex Parte MARESCA et al - Page 6



          Appeal No. 1999-1543                                                        
          Application No. 08/456,762                                                  

          modified acceleration signal with the modified position signal to           
          provide the inferred position signal, or provide ‘the noise-free            
          position and rate output signal.”  The Examiner responds, answer            
          at page 7, that “[N]eal discloses in figure 2 a position signal             
          that is filtered at element 29, and discloses an acceleration               
          that is filtered at element 37.  These signals are further                  
          processed by a gain 31 and an adder 34 and these modified signals           
          are provided to the adder 33.  Both signals are modified.  Both             
          signals are combined.”  We agree with the Examiner in as far as             
          that the modified position signal and the modified acceleration             
          signal do reach adder 33 and are being combined at 33.  However,            
          we cannot determine for sure the output of adder 33 in view of              
          the conflicting disclosure in Neal.  Thus, figure 2 itself                  
          seems to indicate that the output 36 (Yo) would be an indication            
          of the position of the element being moved.  However, Neal at               
          column 3, lines 12 and 13, states, “output [of] adder 33 ...                
          [comprises] the noisefree position and rate output signal ....”             
          (emphasis added).   Here, we have to agree with Appellants                  











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