Ex parte NYE et al. - Page 5




              Appeal No. 1997-3670                                                                                       
              Application No. 08/541,799                                                                                 


              storing and updating of values in order to obtain such a history.  Since page 24 indicates                 
              that the difference equation represents an output Y  for an input X, it is reasonable to infer             
                                                                   n                                                     
              that one  is keeping track of input and output values, or “lists.”  Accordingly, it appears to             
              be a reasonable conclusion that, at the time of filing the present application, appellants had             
              possession of a compensator for periodically storing and updating an input list of most                    
              recent input values and an output list of most recent output values.  Clearly, based on the                
              equation shown at page 23, and discussed at pages 23-24 of the specification, appellants                   
              were in possession at that time of a determination of new output values as a weighted                      
              algebraic sum of selected ones of the input and output values of the input and output lists.               
                     With regard to the claimed “digitally programming a compensator...for                               
              implementing a difference equation whereby sequential outputs...to permit control of the                   
              foundation member,” even the original claims [see original claim 1] recited and disclosed a                
              “programmable digital compensator” included in the “control electronics” recited to be in                  
              “operative relationship with the assembly.”  Since an original claim is its own support, it is             
              clear that there is adequate support for digitally programming a compensator to permit                     
              control of the foundation member.  The only question to be                                                 








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