Appeal No. 1996-3814 Page 5
Application No. 08/348,835
requires detecting predetermined patterns so as to obtain
position information. While a magnetic head could be used for
the detection step as disclosed in the specification (page 2,
lines 23-27), our reading of the claims does not import the
disclosed specific magnetic
head reading element into the claims. Rather, we rely on the
"detecting" step aleady recited in the claim.
In light of the claim language, appellants' specification
and the relevant prior art as discussed above, we agree with
appellants' conclusion that the claims are reasonably definite
so as to be in compliance with 35 U.S.C. § 112, second
paragraph. Accordingly, we cannot sustain this rejection.
Rejection under 35 U.S.C. § 103
Henrich is relied upon by the examiner for this
reference's teaching of a method of sensing position using as
a magnetic
scale a substrate having predetermined patterns of magnetized
magnetic materials deposited thereon. The examiner
acknowledges that Henrich does not provide a substrate formed
with
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