Ex Parte Andres - Page 4


                Appeal 2007-2980                                                                                   
                Application 10/396,649                                                                             

                              Acceleration peak p3 is in the crash direction and exceeds the                       
                       ROW1_MAX_MIN level to again qualify for a minimum significant                               
                       level.  Where acceleration peak p3 crosses the ROW_1_MAX_MIN                                
                       level initiates an increase in the CPR term (CPE1) because the energy                       
                       of [p3] is greater than p1 when considering the origin of p3 and the                        
                       time interval between p1 and p3.                                                            

                The origin of p3 referred to appears to be the horizontal line at the lower end                    
                of the line having circles in it that extends downwardly from p3 in figure 4.                      
                That horizontal line is the p2 peak clipped to approximately half (or other                        
                percentage) of the previous peak (p1) size (Spec. ¶ 24).                                           
                       The added limitation “having an origin biased in the direction of the                       
                second acceleration” is broader than the original disclosure.  It encompasses                      
                not only the disclosed clipped p2 peak   but also any other value that                             
                arguably can be considered biased in the direction of p2.                                          
                       The Appellant argues that the reference value in step (5) is the vertical                   
                line having horizontal dashes through p2 in figure 4 (Br. 7). 4  The origin of                     
                the reference value, the Appellant argues, is the horizontal line above p2 in                      
                figure 4, i.e., p2 clipped to approximately 50% of p1.  See id.  Apparently                        
                the Appellant is arguing that the reference value is the horizontal clipped p2                     
                line.  Otherwise, it is not clear which point on the vertical line with                            
                horizontal dashes through p2 is the reference value.  Regardless, the                              
                                                                                                                   
                3 References herein to figure 4 are to the figure as amended August 22,                            
                2005.                                                                                              
                4 The Appellant does not include the rejection under 35 U.S.C. § 112, second                       
                paragraph, in the Appellant’s list of rejections (Br. 8).  However, because the                    
                Appellant has set forth the Appellant’s argued meaning of the claims (Br. 7-                       
                8), we address the claim clarity issue.                                                            

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