Appeal No. 96-0939
Application 07/853,221
means of the blocking disc or deactivating the
control means of the blocking disc is the movement
of blocking disc 32 to the armed position in
combination with the presence of switch element 26
in contact with cam actuator 30. This is not in
response to release of the latch means 38 as claimed
in claim 10.
In claim 10, lines 8-9, use of the phrase “to
regulate displacement of the blocking disc” makes
the claim indefinite as to what is intended to
regulate displacement of the blocking disc. Is the
driving module intended to regulate displacement of
the blocking disc? What structure is responsible
for each of these functions is unclear as presently
claimed.
(Examiner’s Answer, page 4-5).
We will consider the examiner’s two grounds of rejection
against
claims 10 through 15 seriatim.
In the rejection the examiner indicates that the phrase
“in response to release of the latch means” in lines 7 and 8
of claim 10 renders the claim indefinite, since it is unclear
as to what is intended to be operated in response to the
release of the latch means.
The test of whether a claim complies with Section 112,
second paragraph, is
whether the claim language, when read by a
person of ordinary skill in the art in
light of the specification, describes the
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