Appeal No. 95-4636
Application 08/027,868
a digital to analog converter connected to said 8-
bit
data buss and producing an analog control signal
indicative of a selected communication channel.
In our view, the examiner's positions are without merit.
The appellants need not recite in the claims every functional
part of an operational device. All that is required by claim
7's language at issue is an analog control signal which is
"indicative of a selected communication channel." Not
specifying precisely what it is that does the selection merely
makes the claim broad, not indefinite, and the same is true as
to not knowing between which entities is the communication
channel selected. Breadth does not equate to indefiniteness.
In re Miller, 441 F.2d 689, 693, 169 USPQ 597, 600 (CCPA
1971); In re Gardner, 427 F.2d 786, 166 USPQ 138 (CCPA 1970).
However, because all the claims depend from claim 6 and
thus include all the limitations of claim 6, the
indefiniteness of claim 6 renders all the claims indefinite.
Accordingly, we sustain the rejection of claims 7-20 as being
indefinite under 35 U.S.C. § 112, second paragraph.
If claim 6 is amended to overcome its lack of antecedent
basis problem, claims 7-20 would no longer be indefinite.
7
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