Appeal No. 1998-2498
Application No. 08/603,696
Hall element, storing the switching points and determining the reference position by
averaging measured distance, while another Hall element measures the number of
revolutions of a drive motor in order to determine relative movement of the object about the
reference position. However, each of independent claims 1 and 9 requires the stored
numerical value, which is indicative of a position of the object relative to a reference
position when the sensor switches from a first to a second state, to have been previously
determined. Independent claim 5 recites the actual calibration wherein the position of the
object relative to the reference position is measured with a precision calibration fixture
when the sensor switches from the first to the second state and then the position is
recorded in a memory device, readable by the controller and enabling the position of the
object relative to the reference position to be accurately known.
While Fornoff counts rotations of the drive motor and this numerical value does
indicate location of the object relative to whatever was the counting starting point, when the
sensor switches, we find ourselves in agreement with appellants that these rotation counts
of Fornoff are not measurements of the object position relative to the reference position
“because the reference position is not known” [principal brief, page 9]. There simply is no
predetermined numerical value, indicative of an object position relative to a reference
position, as set forth in claims 1 and 9, in Fornoff. Similarly, Fornoff lacks any suggestion
of the calibration method set forth in instant claim 5 wherein the
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