Appeal No. 2006-0432
Application No. 09/968,085
marking pen 108 relative to the chart recorder paper 102 during
the selection of the parameters, the “printed parameters” in
Levine being the two set points 124 and 126. Accordingly, Levine
anticipates the instant claimed subject matter and we will
sustain the rejection of independent claims 1 and 9 under 35
U.S.C. § 102(b).
With regard to claim 2, appellant argues that element 108 in
Levine is simply a marking pen for drawing, for example, a short
arc to provide a visual representation of a set point, but the
set point has been previously programmed and the machine draws a
visual representation thereof, rather than the other way around,
as in the claimed invention.
We are not convinced that Levine discloses “the exact
opposite” (brief-page 4) of what is being claimed. It is not
entirely clear, from the disclosure of Levine, that the set point
has been “previously programmed,” as argued by appellant. In
describing the short arc 126 as being “automatically drawn by the
machine to provide a visual representation of this set point”
(column 3, lines 1-2), Levine appears to indicate that the
implement marks the surface in selecting the desired option, as
broadly claimed.
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007