Ex parte ELAND et al. - Page 3




              Appeal No. 1998-2498                                                                                       
              Application No. 08/603,696                                                                                 


                     Claims 1-12 stand rejected under 35 U.S.C. § 103 as unpatentable over Alsborg in                    
              view of Fornoff.                                                                                           
                     Reference is made to the briefs and answer for the respective positions of                          
              appellants and the examiner.                                                                               
                                                       OPINION                                                           
                     We reverse.                                                                                         
                     It is the examiner’s position that Alsborg discloses the claimed invention but for the              
              claimed memory for storing a numerical value indicative of the position of the object at a                 
              reference position relative to a sensor.  The examiner relies on Fornoff for the teaching of               
              storing a numerical value indicative of the position of the object at a reference position                 
              relative to a sensor for the purpose of accurately determining the distance from the sensor                
              when switching occurs.  The examiner then concludes that it would have been obvious to                     
              use a memory to store a numerical value indicative of the position of the object at a                      
              reference position relative to a sensor as taught by Fornoff on the system of Alsborg in                   
              order to accurately determine the distance from the sensor when switching occurs.                          
                     Fornoff does, indeed, determine the reference position of an object and it does so                  
              by sensing switching points as a magnetic element is passed back and forth over a                          






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