Ex parte GOMES et al. - Page 5


                    Appeal No. 1997-0961                                                                                                     
                    Application No. 08/254,654                                                                                               




                    command signal@ in the singular and also to an ALVDT feedback signal@ in the singular.                                   
                    Appellants= specification also refers at various places to an Ainput signal@ in the singular (see,                       
                    for example, page 6 of the specification) and to a Afeedback signal@ in the singular (see, for                           
                    example, page 2 of the specification).  These discrepancies create confusion as to whether                               
                    appellants intended to limit the claimed invention to (1) a plurality of distinct input signals or just                  
                    one input signal of variable magnitude and (2) a plurality of distinct feedback signals or just one                      
                    feedback signal of variable magnitude.                                                                                   
                             The single signal line at the output of the LVDT for transmitting a single item of                              
                    intelligence (namely the actual position of the valve) suggests that the LVDT supplies a single                          
                    feedback signal of variable magnitude, not two or more feedback signals.  The single input signal                        
                    source (i.e., circuit 30) suggests that there is a single input signal of variable magnitude.  The                       
                    inconsistencies with the recitation of plural input signals and plural feedback signals in claim 2                       
                    requires clarification and may warrant a 35 U.S.C.                                                                       
                    ' 112, second paragraph, rejection in the absence of a satisfactory explanation.                                         
                             The third matter requiring the examiner=s consideration relates to the recitation in claim                      
                    2 that the input and feedback signals are Aelectronic@ signals.  It is not clear whether                                 
                    appellants simply sought to use a more sophisticated term for an ordinary electrical signal or                           
                    whether appellants intended to somehow define a special form of an electrical signal.  Again, a                          
                    35 U.S.C. '112, second paragraph, rejection may be warranted in the absence of a                                         
                    satisfactory explanation concerning the meaning of an Aelectronic signal.@                                               
                             The fourth matter requiring the examiner=s consideration relates to the recitation of                           
                    Adeviation control means@ in claim 2.  This means embodies the individual circuits between the                           
                    comparator 25 and the solenoid 11, namely the Aopto-coupler@ and the Asolenoid power                                     
                    amplifier@ as evidenced by Figure 2 of the drawings and by exhibit A, which is attached to                               


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