Ex Parte CLARK et al - Page 5




          Appeal No. 2004-0546                                                        
          Application No. 09411793                                                    


          generating an output signal that is representative of the                   
          position of the valve member.  Since Ewing discloses the use of             
          the linear movement of a rack to effect rotary movement of a                
          valve shaft, we concur with the examiner's reasoning that it                
          would have been obvious for one of ordinary skill in the art to             
          also utilize the linear movement of Ewing's rack to effect the              
          rotary movement of a potentiometer to determine and generate an             
          output signal that is representative of the position of the valve           
          member.  In our view, one of ordinary skill in the art, cognizant           
          of the known proportional relationship between the linear                   
          displacement of Ewing's rack and the rotary movement of Ewing's             
          valve shaft, would have found it obvious to utilize a similar               
          proportional relationship between the linear displacement of                
          Ewing's rack and the rotary movement of a rotary potentiometer.             
          We do not agree with appellants' assessment that one of ordinary            
          skill in the art, upon combining Ewing and Kawai, would have been           
          limited to using the rotary movement of the valve shaft to drive            
          the rotary potentiometer.  Rather, we are satisfied that one of             
          ordinary skill in the art would have found it obvious, as an                
          alternative to coupling the potentiometer directly to the valve             
          shaft, to indirectly couple the rotary potentiometer to the                 
          movement of the valve shaft via the linear displacement of the              


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