Appeal No. 96-1209
Application 08/168,805
value within range continuously for a predetermined period of
time?” There is nothing within the disclosure of Comerford
that indicates that Comerford takes action immediately, as
contended by appellant. Moreover, there is always some
finite period of time between the sensing that some action
should be taken and the actual taking of that action. After
all, even in appellant’s preferred embodiment, with a time
period of 90msec, to the ordinary observer, that time period
may be considered to be immediate, for all intents and
purposes. Therefore, appellant’s arguments as to the
immediacy of Comerford’s actions are not persuasive.
We have weighed appellant’s arguments regarding a lack of
any time period measurement in Comerford against the
examiner’s
position that there is such a measurement in view of the
column
4 recitation and we find that the preponderance of the
evidence favors the examiner’s position.
With regard to the rejection of claims 1 and 17 based on
7
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