Appeal No. 1998-2864
Application No. 08/338,235
It is the examiner’s position, with regard to claim 14, that
the claimed memory is met by Kobayashi’s element 4 and that the
claimed display is met by elements 23a and 23b, wherein the
processing unit 3 is adapted for causing the measurement data to
be transmitted in response to a request sent from 25 to be stored
in 4 and for causing the stored data to be retrieved for display
by lamps 23a and 23b. The examiner further explains, at pages
16-17 of the principal answer, that since the language of claim
14 does not specify exactly when the data is retrieved and how it
is retrieved, the control console display is broadly interpreted
as lamps 23a and 23b which indicates, respectively, trouble code
and trouble detected as a result of the self-diagnosis [column 3,
lines 16-26, of Kobayashi]. The examiner also points out that
since the claim fails to specify how measurement data is
displayed, it is broadly interpreted as being displayed in a
“yes” or “no” indication by lamps 23b and in a form of trouble
code indicated by lamps 23a whenever the measurement data reaches
the alarm threshold.
We will not sustain the rejection of claim 14 under
35 U.S.C. 103 because we view the examiner’s interpretation as
being overly broad. Claim 14 requires that the stored data to be
retrieved and displayed be “selected-parameter measurement data.”
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