Ex Parte Baudendistel et al - Page 4




          Appeal No. 2004-1553                                                        
          Application No. 09/915,631                                                  


               consists of a pendulum 1 attached to a casing 10a using                
               a joint 13 providing one degree of freedom of movement                 
               (i.e.[,] the pendulum 1 is constrained to move in one                  
               plane only).  A coil 3 is fixed to the pendulum 1, and                 
               a movable electrode 41 is attached at or adjacent the                  
               free end (moving direction) of the pendulum 1.  A                      
               casing 10 supports a magnet 2 so that the magnet is                    
               adjacent the coil 3, and an electrode 42 is fixed to                   
               the casing 10, facing the movable electrode 41.                        
                    . . . .                                                           
                    As mentioned above, the pendulum 1 has one degree                 
               of freedom of movement (in the plane of the paper in                   
               FIG. 4), so the sensor detects movement, and the                       
               differential of acceleration of that movement in that                  
               direction.  The movable electrode 41 and electrode 42                  
               fixed to the casing 10 form two pairs of electrodes                    
               representing two plate capacitors.  The electrostatic                  
               capacitance C of such a plate capacitor is inversely                   
               proportional to the size of the gap between the                        
               capacitor plates . . . .                                               
                    . . . .                                                           
                    . . . [T]he displacement of the pendulum 1 can be                 
               detected from the change C in the electrostatic                        
               capacitance between the two capacitors each formed by a                
               movable electrode 41 and a fixed electrode 42.  [Column                
               7, lines 12-48.]                                                       
               In rejecting the appealed claims as being anticipated by               
          Yamakado, the examiner reads the claimed first plate on the                 
          movable electrode 41 of Yamakado’s sensor and the claimed second            
          plate on the fixed electrode 42 of Yamakado’s sensor.  With                 
          respect to the “connected to” limitations of independent claims             
          1 and 10, the examiner contends (answer, page 5)                            

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