Ex Parte Levine - Page 6



            Appeal No. 2006-0432                                                                       
            Application No. 09/968,085                                                                 

            recorder, by providing the storage of information relating to the                          
            location of printed options on the surface of the instrument and                           
            actually programming the instrument by selecting an option, since                          
            one selects the option and “programming the instrument in                                  
            accordance with the selected option” (claim 1) ensues (there is                            
            similar language in claim 9 related to programming by correlating                          
            the position of the pen relative to the chart during selection of                          
            the parameters).                                                                           
                  Having made the finding that the instant claims do require                           
            programming of the instrument, we look to the Levine reference.                            
            We find therein that Levine recites an “ability to program” a                              
            plurality of set points (e.g., abstract, column 1, line 59).                               
            Apparently, marking pen 108 is used to mark the surface of                                 
            recording paper 102 with printed alphanumeric options, or printed                          
            parameters related to the programming of the chart recorder, in                            
            the form of set points 124 and 126 that relate to the programming                          
            of the instrument.   Note column 1, lines 57-62:                                           
                  ...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.                                                                      


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