Ex parte ABT et al. - Page 7




          Appeal No. 95-0840                                                          
          Application 08/029,343                                                      


               The end result of appellants’ invention is a mixer control             
          signal that varies from 0.0 to 1.0 which the artisan would have             
          well recognized by definition is some form of modified version of           
          a conventionally defined non-additive mixer which traditionally             
          provides only variations of zero or one as modifying elements to            
          the conventional equation represented at the bottom of page 4 of            
          appellants’ written description.  Accordingly, we find that                 
          appellants’ claimed invention is definite within the second                 
          paragraph and adequately disclosed within the first paragraph of            
          35 U.S.C. § 112.                                                            


               In view of the foregoing, the decision of the examiner                 
          rejecting claims 27 to 32, 34 to 40 and 42 to 51 under the first            
          and second paragraphs of 35 U.S.C. § 112 is reversed.                       
                                      REVERSED                                        







                                                       )                              
                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                                          7                                           





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