Ex parte LENKO et al. - Page 5




          Appeal No. 96-0939                                                          
          Application 07/853,221                                                      



                    subject matter with sufficient precision                          
                    that the bounds of the claimed subject                            
                    matter                                                            
                    are distinct.                                                     

          In re Merat, 519 F.2d 1390, 1396, 186 USPQ 471, 476 (CCPA                   
          1975).                                                                      
          The examiner states that the expression “in response to                     
          release of the latch means” makes the claim indefinite.  The                
          examiner further questions whether the control means can be                 
          described as intended to start operating by release of the                  
          latch means.                                                                
               We will not affirm the 35 U.S.C. § 112, second paragraph,              
          rejection on this ground.  It is clear to us that the phrase                
          in question “in response to release of the latch means” along               
          with the preceding expression “control means for limiting                   
          operation of the drive module” clearly and with particularity               
          demarks the                                                                 


          limit of the claimed invention.  We note that the control                   
          means limits the operation of the drive module in the sense                 
          that the drive module is limited to operation when and only                 

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