Ex parte BORG - Page 20




          Appeal No. 1997-2774                                                        
          Application No. 08/080,471                                                  


          authority, since no structure is explicitly recited, the                    
          language of the claims does not insure with any degree of                   
          particularity an adequate notification of the metes and                     
          bounds.  More specifically, it is unclear whether the claims                
          are to be interpreted as combination claims including a means               
          for accomplishing each step, as asserted by appellant, or                   
          whether the claims are to encompass all structures capable of               
          accomplishing the steps of the methods from which they depend.              
          Accordingly, claims 28, 30, 33, and 37 are vague and                        
          indefinite as well as non-enabled by the disclosure.                        
               Also, in line 7 of claim 43, both "the scene captured"                 
          and "the television camera" lack antecedent basis in the                    
          claim, as there is no prior indication in the claim that a                  
          scene is captured nor is there any prior recitation of a                    
          television camera.  Accordingly, claim 43 is vague and                      
          indefinite.                                                                 
                                     CONCLUSION                                       
               In summary, the decision of the examiner rejecting claims              
          28, 30, 33, and 37 under 35 U.S.C. § 112, first paragraph is                
          affirmed, and the decision of the examiner rejecting claims 1               
          through 14, 16 through 22, 24 through 34, and 36 through 44                 
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