Ex Parte Levine - Page 7



            Appeal No. 2006-0432                                                                       
            Application No. 09/968,085                                                                 

                  Lines 62-67 of that column recite that                                               
                        [t]he combined controller/recorder of the invention                            
                  further includes driver electronics responsive to the                                
                  program set points, which may be used to directly control                            
                  equipment in accordance with the set points, or,                                     
                  alternatively, to provide other control functions, such as                           
                  the activation of higher power switches, and so forth.                               
                  The set points 124 and 126 were made by marking pen 108                              
            during a setup phase (column 2, line 60 through column 3, line                             
            2), and the set points are accessible by the marking pen during                            
            operation of the chart recorder. Column 3, lines 48-50, of Levine                          
            makes it clear that a non-volatile memory stores information                               
            relating to the set point surface positions, and marking pen 108                           
            is moved relative to the set point visible options 124 and 126                             
            for selection purposes.  As we stated in our decision of May 18,                           
            2005, in Appeal No. 2004-0609, “if the marking pen 108 moves                               
            beyond either set point 124 or 126, the chart recorder is                                  
            programmed to generate a control signal to perform a specific                              
            function (e.g., turn indicator lights ‘on and off in accordance                            
            with the reaching of each set point’) (column 3, lines 19 through                          
            34).”                                                                                      
                  With regard to the last step of claim 9, Levine teaches                              
            programming the chart recorder by correlating the position of the                          


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