Appeal No. 95-1994
Application 07/732,493
similarity of Lalonde to the claimed invention is noted by
appellants at least at page 8 of principal Brief on appeal.
We have discussed earlier the teaching value of Andermo
as indicating to the artisan that displacement of sensing
plates may be sensed in accordance with the sensitivity of
Andermo’s device to lateral displacements. On the other hand,
in accordance with the above noted equation, permittivity, K,
is defined at page 2 of appellants specification noting this
equation as a prior art equation as being relative
permittivity of the dielectric substance between the nearest
sensor plate from the conductive part and another conductive
part. Hence the subject matter of independent claim 7
requires the permittivity of the dielectric substance to be
measured between the structural elements recited in this claim
in accordance with the above equation.
Furthermore, in light of this understanding, we do not
agree with appellant’s assertion at page 14 of the brief that
the physical meaning of the variable Ar is not the same in
both the equation noted at page 2 of appellants’ specification
relating to the prior art and of that which is set forth as it
applies to the disclosed claimed invention herein. Rather
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