Ex Parte Ludwig - Page 2



          Appeal No. 2005-0187                                                        
          Appeal No. 09/758,513                                                       

          through 9 and claims 11 through 38, the only other claims pending           
          in the application, stand objected to as depending from a                   
          rejected base claim.                                                        
                                   THE INVENTION                                      
               The invention relates to a monitoring device designed for              
          use in industrial environments, e.g., with a machine tool, where            
          it may be subject to potentially harmful working fluids and/or              
          waste materials.  Representative claim 1 reads as follows:                  
               1. A monitoring device for checking for a predefined                   
               position of a body or for checking for the presence                    
               of a body, comprising a pivotal checking element,                      
               a motor for driving the checking element, a housing                    
               for accommodating the motor, and a seal which is                       
               disposed exteriorly of the housing between the                         
               checking element and the housing and which extends                     
               around a shaft by means of which the checking                          
               element is driven, wherein the seal abuts on the                       
               checking element and abuts on the housing.                             
                                  THE REJECTION                                       
               Claims 1, 3 through 5, 10 and 39 stand rejected under 35               
          U.S.C. § 102(e) as being anticipated by U.S. Patent No. 6,130,516           
          to Huber et al. (Huber).                                                    




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