Ex parte MUELLER et al. - Page 7




          Appeal No. 2000-0105                                                        
          Application No. 08/573,247                                                  


          24, “a profile of an induced armature voltage . . . electric                
          drive motor” refers to the voltage profile (as at “t ” in                   
                                                              ind                     
          Fig. 2c) when no current is flowing through the motor, as                   
          shown in Fig. 2b; this voltage “profile” varies as shown for                
          the three different “t ” time periods of Fig. 2c.                           
                                ind                                                   
               However, we do not consider claim 25's expression “a                   
          profile of a current of said variable-speed electric drive                  
          motor” to be definite.  In the first place, this expression                 
          does not define which current of the motor is being claimed,                
          nor does it define when the profile of the current is to be                 
          measured (unlike the profile recited in claim 24).  Secondly,               
          this expression becomes even more indefinite if one attempts                
          to read it in light of the specification, because as shown in               
          Fig. 2b, the motor current I is zero during the impulses, and               
                                      mot                                             
          thus has no “profile” at those times.  On page 6 of the                     
          specification, lines 6 to 13, appellants state that emitted                 
          moment M can be calculated from I , but itab                     mot                                         
          is not clear how this can be done when the motor current is                 
          zero during the time that there is an emitted moment (compare               
          Figs. 2b and 2d).                                                           
               The rejection of claims 23 to 25 under 35 U.S.C. § 112,                
                                          7                                           





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