Ex parte FOX et al. - Page 2




                     Appeal No. 95-2502                                                                                                                                                
                     Application No. 07/763,625                                                                                                                                        

                     Appellants’ invention relates to a method (claims 1, 4                                                                                                            
                     through 9, 21 and 22) and to an apparatus (claims 10, 11 and                                                                                                      
                     14 through 20) for determining a variation in control data of                                                                                                     
                     an automatic piecing operation for an automatic thread-                                                                                                           
                     producing spinner.  The data produced in appellants’ invention                                                                                                    
                     includes measurements of the diameter of a monitored length of                                                                                                    
                     thread containing the piecer, deviations of the measured                                                                                                          
                     thread diameter from a given thread diameter and the locations                                                                                                    
                     of those deviations relative to the piecer.                                                                                                                       
                                     A copy of the appealed claims 1, 4 through 11 and 14                                                                                              
                     through 21 is appended to appellants’ brief.  A copy of                                        2                                                                  
                     appealed claim 22 is found on page 2 of the examiner’s answer.                                                                                                    
                                In rejecting the appealed claims, the examiner relies                                                                                                  
                     upon the following reference:                                                                                                                                     
                     Raasch et al.                                         4,825,632                                             May 2, 1989                                           
                     (Raasch)                                                                                                                                                          
                                Claims 1, 4 through 11 and 14 through 22 stand rejected                                                                                                
                     under 35 U.S.C. § 102(b) as being anticipated by Raasch, and                                                                                                      
                     claims 4 through 9 and 20 additionally stand rejected under 35                                                                                                    


                          2 In the preamble of claim 1, we have interpreted the                                                                                                        
                          recitation of “improving the piecer” to refer to a future                                                                                                    
                          piecer, not a piecer that has already been formed.                                                                                                           
                                                                                          2                                                                                            





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