Appeal 2007-0263
Application 09/971,946
Here, we find that every claim on appeal contains means plus function
limitations and many of the claims are separately argued in the Brief, but the
Summary of the Claimed Invention does not provide specific correlations of
the means limitations to the corresponding structure, acts or materials in the
specification as required by 37 CFR § 41.37(c)(1)(v). Rather, the Summary
of the Claimed Invention merely includes general citations to portions of the
specification. We find this insufficient correlation of the means plus
function limitations to permit a meaningful review of the claimed invention.
Therefore, Appellant must provide an appropriate Summary of the Claimed
Invention as required by 37 CFR § 41.37(c)(1)(v).
Accordingly, it is
ORDERED that the application is returned to the examiner to:
(1) address the merits of the after final amendment dated Apr. 25,
2006 and mail a communication to Appellant. The Examiner should require
Appellant to correct the claims appendix to the Appeal brief, if the
amendment is not entered.
(2) require a new Appeal Brief in compliance with 37 CFR
§ 41.37(c)(1)(v) and vacate the Examiner's Answer , if needed, to clarify the
record for review; and
(3) take such further action as may be appropriate.
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Last modified: September 9, 2013