Ex Parte Baudendistel et al - Page 8
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Appeal No. 2004-1553
Application No. 09/915,631
claim interpretation, we cannot support the examiner’s equally
strained position to the effect that plate 41 of Yamakado is
fixed at least to some degree to the engine or vehicle frame due
to the circumstance that it can only move in one plane.
To summarize, we do not consider either one of the
electrodes 41, 42 of Yamakado’s sensor to be either “connected
to” or “fixed relative to” the frame of the vehicle. It follows
that we cannot sustain the examiner’s rejection of claims 1-20 as
being anticipated by Yamakado.
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