Ex Parte MESMER et al - Page 4




              Appeal No. 2002-1970                                                                Page 4                
              Application No. 09/072,333                                                                                


              device of McPherson comprises a star wheel 44 which contacts the hay bale and                             
              rotates as the bale is formed, a measuring wheel 45, coaxial with and spaced apart                        
              from the star wheel, a rotation detecting device for detecting the rotation of the                        
              measuring wheel and generating the bale measuring signal 70, and a control and                            
              display module 73 for inputting the desired bale length and for actuating a signal 77                     
              when the bale reaches the desired size to trigger the tying mechanism 64.  McPherson                      
              does not disclose a means for or step of sensing both the forward and backward                            
              movements of the crop bundle (bale), as called for in claims 1 and 9.                                     
                     To overcome the above-noted deficiency of McPherson, the examiner relies on                        
              the teachings of Bergvall of a device for measuring movement of material using a wheel                    
              rolling on the material.  Bergvall’s invention                                                            
                            relates to a device for measuring distance and converting a                                 
                            number representing the measured distance to a digital                                      
                            form.  The invention is especially adapted for use in a                                     
                            machine for measuring distances on a workpiece to be                                        
                            treated in a machine such as a sewing machine, and for                                      
                            guiding the operation of the machine during feeding of the                                  
                            workpiece, e.g., the forming of a fancy seam in a sewing                                    
                            machine [Bergvall, column 1, lines 6-13].                                                   
                     Specifically, Bergvall discloses a toothed wheel 14 which rotates freely on a pin                  
              15 and follows the motion of the cloth forwards as well as backwards.  As explained in                    
              column 2, line 22, et seq., the direction and degree of rotation of the wheel 14 is                       
              measured and input to a control device which controls the feeding of the cloth so as to                   
              stitch, for example, a buttonhole.                                                                        







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