Appeal No. 2002-0311 Page 9
Application No. 09/030,241
position, which includes monitoring the position of reference point over a plurality of
cycles and then finding an extreme position which recurs in each cycle, would have
been obvious. This being the case, a prima facie case of obviousness is lacking with
regard to the subject matter recited in claim 8, and we will not sustain the rejection of
claim 8 or, it follows, of claims 9 and 10, which depend therefrom.
CONCLUSION
The rejection of claims 1-7 and 11-16 is sustained.
The rejection of claims 8-10 is not sustained.
The decision of the examiner is affirmed-in-part.
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