Ex parte MAIER et al. - Page 3




          Appeal No. 1999-0869                                                         
          Application 08/644,608                                                       

                                      BACKGROUND                                       
               The disclosed invention is directed to a method for                     
          measuring the lift of a valve needle using a laser.  The                     
          setpoint values for the lift of the valve needle correspond to               
          precisely known, specified volumes of media flow to be                       
          delivered.                                                                   
               No prior art is relied on in the rejection.                             
               The specification is objected to, and claims 1-13 stand                 
          rejected under 35 U.S.C. § 112, first paragraph, as failing to               
          provide an adequate written description of the invention and                 
          failing to adequately teach how to make and/or use the                       
          invention.  The Examiner states that the specification shows                 
          generation of laser light but fails to disclose a light                      
          detector.  Further, the Examiner states, it is not disclosed                 
          how the detected radiation would be manipulated to determine                 
          axial distance and "[a] person with ordinary skill in the art                
          would have to guess on the type of detector and the process of               
          manipulating the data in order to make and/or use the                        
          invention" (Examiner's Answer, p. 4).                                        
               We refer to the Final Rejection (Paper No. 13) and the                  
          Examiner's Answer (Paper No. 16) (referred to as "EA__") for a               

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