Appeal No. 1998-1637
Application No. 08/389,119
Packing Inc., 731 F.2d 818, 826, 221 USPQ 568, 573-74 (Fed.
Cir. 1984).
Contrary to the examiner's position, the appellants'
disclosure provides an adequate standard or guidance for
measuring the scope and meaning of the claim terms "low" and
"high." See, for example, the exemplificative guidance
provided at lines 6 through 11 on page 3 of the appellants'
specification as well as figures 2 and 6 of the appellants'
drawing. Additionally, as correctly indicated by the
appellants, the language of the appealed claims provides
guidance on these matters by reciting the functions to be
achieved by these "low" and "high" speeds.
For at least the above-stated reasons, we consider the
examiner's indefiniteness criticism of the appealed claims to
be not well taken. It follows that the § 112, second
paragraph, rejection before us cannot be sustained.
The decision of the examiner is reversed.
REVERSED
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
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