Ex parte LENKO et al. - Page 6




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



          when the latch means is released.  Thus, it can be seen that                
          the control means as claimed in claim 10 comprises the                      
          switches and electronics as outlined in Figure 4 for limiting               
          the operation of the drive  module 42 shown in dashed lines in              
          that figure.  The control means corresponds to the switches                 
          and electronics in this figure (and their equivalents).                     
               With respect to the examiner’s second grounds of                       
          indefiniteness of claim 10, the examiner points to the                      
          expression “to regulate displacement of the blocking disc.”                 
          By its position in the claim, we are of the view that this                  
          limitation refers back to the control means and further limits              
          the control means.   However, it is clear to us that the means2                                                         
          for regulating displacement of the blocking disc is the                     
          crystal controlled pulse generator, the stepper motor, and the              
          reduction gearing.  See Figure 4, dashed line box 42.  These                
          mechanisms rotate the blocking disc in a regular manner                     
          according to the times specified by the crystal controlled                  
          pulse generator.  Inasmuch                                                  


               The fact that we of necessity had to construe exactly what structure2                                                                     
          “to regulate displacement of the blocking disc” should be imputed to is itself
          evidence of indefiniteness.                                                 
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