Ex parte DISCHLER et al. - Page 8




          Appeal No. 1997-3792                                                        
          Application No. 08/321,334                                                  

               For the foregoing reasons, we are rejecting claim 1 and                
          its dependent claims 2-5 and 7-10 (including originally                     
          objected-to claim 4) under 35 U.S.C. § 112, first paragraph,                
          as lacking written description support in the application as                
          originally filed.                                                           
               2.  Indefiniteness (§ 112, ¶ 2)                                        
               We are also rejecting claim 1 under § 112, ¶ 2 as                      
          indefinite because the absence of any reference to a "minimum               
          clock signal frequency value" in that claim makes the meaning               
          of the recited "maximum clock signal frequency value" unclear.              
          Maximum in comparison to what?  Would the claimed "means . . .              
          for selecting a maximum clock signal frequency value" read on               
          a circuit that selects between a given clock signal frequency               
          and no clock frequency, i.e., gating a clock signal on and                  
          off?                                                                        
               Unlike claim 4, dependent claims 2, 3, 5, and 7-10 do not              
          remove this ambiguity and therefore are rejected on the same                
          ground.  (We note that the expression "the minimum . . . clock              
          frequency" (emphasis added) in claim 8 lacks a clear                        
          antecedent.)                                                                



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