Appeal No. 2004-0609 4
Application No. 09/900,787
options in the form of set points 124 and 126 that relate to the programming of the
instrument. As stated by Levine (column 1, lines 57 through 62), “the invention takes the
form of a circular chart recorder, and includes the ability to program into the chart recorder
apparatus proper a plurality of set points which are advantageously made visually
apparent on the chart recorder paper” (emphasis added). Levine additionally states
(column 1, lines 62 through 67) that “[t]he combined controller/recorder of the invention
further includes driver electronics responsive to the program set points, which may be
used to directly control equipment in accordance with the set points, or, alternatively, to
provide other control functions, such as the activation of higher power switches, and so
forth” (emphasis added). The set points 124 and 126 were made by the marking pen 108
during a setup phase (column 2, line 60 through column 3, line 2), and the set points are
accessible by the marking pen 108 during the operation of the chart recorder. A non-
volatile memory (e.g., EEPROM) stores information relating to the set point surface
positions (column 3, lines 48 through 50). In an operational mode, the marking pen 108 is
moved relative to the set point visible options 124 and 126 for selection purposes. Stated
differently, if the marking pen 108 moves beyond either set point 124 or 126, the chart
recorder is programmed to generate a control signal to perform a specific function (e.g.,
turn indicator lights “on and off in accordance with the reaching of each set point”) (column
3, lines 19 through 34). With respect to the last step in claim 1, Levine teaches
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