Ex parte ELAND et al. - Page 5




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


              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.  The relative position is not measured or                         
              recorded by Fornoff  because the reference position is simply not known at the time the                    
              sensor switches states.  While the relative position may be known after the fact, Fornoff                  
              does not provide for the claimed numerical value “having been previously accurately                        
              determined.”   Alsborg does not remedy this deficiency of Fornoff.                                         
                     Accordingly, the examiner’s decision rejecting claims 1-12 under 35 U.S.C.                          
              § 103 is reversed.                                                                                         
                                                     REVERSED                                                            



                            ERROL A. KRASS              )                                                                
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