Ex Parte Levine - Page 2




            Appeal No. 2004-0609                                                               2              
            Application No. 09/900,787                                                                        


                   The disclosed invention relates to a method of programming a chart recorder.  A            
            marking pen in the chart recorder moves relative to visible options on the surface of the         
            chart that relate to the programming of the chart recorder.  Information relating to the          
            locations of surface positions (e.g., the visible options) is stored in the chart recorder.  The  
            chart recorder is programmed by correlating the position of the marking pen relative to the       
            chart during the selection of an option.                                                          
                   Claim 1 is illustrative of the claimed invention, and it reads as follows:                 
                   1.  A method of programming an instrument of the type wherein a marking                    
            implement is used to mark a surface, the method comprising the steps of:                          
                   providing a surface including visible options relating to the programming of the           
            instrument;                                                                                       
                   storing information relating to the location of surface positions accessible by the        
            marking implement;                                                                                
                   moving at least the marking implement relative to the visible options for selection        
            purposes; and                                                                                     
                   programming the instrument by correlating the position of the implement during the         
            movement thereof to determine the options selected.                                               
                   The references relied on by the examiner are:                                              
            Watanabe                               4,025,838                 May 24,  1977                    
            Ishiguro et al. (Ishiguro)             4,836,742                 June   6, 1989                   
            Levine                                 5,978,000                 Nov.   2,  1999                  
                   Claims 1 through 8 and 11 through 14 stand rejected under 35 U.S.C. § 102(b) as            
            being anticipated by Levine.                                                                      








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