Appeal No. 1997-0961
Application No. 08/254,654
transducer 14 is a linear variable differential transformer (LVDT). The examiner nevertheless
takes the position that he Ais not familiar with any other inductive displacement transducers
other than an LVDT@ (final office action, page 2). He also takes the position that A[i]t would
have been obvious in view of Fales that the >inductive displacement transducer= of Schwelm
would have been [sic, is?] an LVDT, since the LVDT is the most widely used form of inductive
displacement transducer known in the valve position sensing art@ (final office action, page 2).
Even if it is assumed for the sake of argument that Schwelm=s transducer 14 is not an
LVDT, we are satisfied that the teachings of Fales would have made it obvious to substitute an
LVDT for Schwelm=s transducer 14 because of the known advantages of an LVDT.
Furthermore, we are satisfied that, as described in column 2, lines 11-31 of the Schwelm
specification, transducer 14 forms a part of a closed loop circuit, presumably to supply the
disclosed input signal to magnet 4. We nonetheless cannot sustain the ' 103 rejection of the
appealed claims.
In the present case, the examiner does not take the position that it would have been
obvious to provide Schwelm=s closed loop circuit with a comparator means and a deviation
control means to meet the terms of claim 2. Instead, as noted supra, the examiner contends that
Schwelm=s closed loop control circuit inherently includes such a comparator means and a
deviation control means.
In relying upon the theory of inherency, the examiner must provide a basis in fact and/or
technical reasoning to reasonably support the determination that the allegedly inherent features
necessarily flow from the teachings of the applied reference. See
Ex parte Levy, 17 USPQ2d 1461, 1464 (BPAI 1990) and cases cited therein.
Even if it is assumed for the sake of argument that closed loop control circuits having
comparator and deviation control circuits are well known as asserted by the examiner on page 4
3
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