Ex parte MOTTIER et al. - Page 6




          Appeal No. 1998-2729                                                        
          Application 08/220,851                                                      


          disclosure.  See In re Anderson, 471 F.2d 1237, 1244, 176 USPQ              
          331, 336 (CCPA 1973).                                                       
               In the instant case the Examiner finds no support in the               
          specification for the claim language defining a cycle as:                   
               a first period when the alert is generated followed                    
               by a second period when the alert is not generated                     
               [answer-page 4]                                                        
          The Examiner concludes:                                                     
               This alert can be a sinusoidal wave.  A sinusoidal,                    
               or a triangular wave, especially those with a DC                       
               offset, and a square wave with DC offset would all                     
               be periodic and cyclic yet none of these signals                       
               would include periods of time in which the alert was                   
               “on” and periods of time in which the alert was                        
               “off”. [Answer-page 5.]                                                
               Appellants cite dictionary definitions and portions of                 
          their specification (brief-pages 3 and 4).  We find clear                   
          support for the objected to language at page 7, lines 10-12 of              
          the specification.  Herein Appellants’ specification states:                
               The silent and audible alert may comprise a                            
               continuous alert or a periodic alert (i.e., alert                      
               cycles). [Emphasis added.]                                             
          Thus, we find Appellants claim alert cycles as opposed to a                 
          continuous alert.  As we understand, an audible alert could                 
          consist of three rings for example.  This would equate to                   


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