Appeal No. 97-0922
Application 08/314,281
specification, i.e., "Spectrum analyzer 16 produces for each
frequency bin of interest a series of signals x , 1 [sic,
i
i]=1,2,...,N corresponding to signal power at the frequency of
the bin...at the time each x was sampled," and from Figure 1,
i
wherein the signals from element 16 are shown being input to
elements 18 and 20, that this "means" comprises elements 18
and/or 20 since elements 18 and 20 receive the time series of
power realizations from element 16.
If the examiner is seeking more recitations in the
claims regarding specific structure, this would appear to be a
matter of breadth rather than indefiniteness. The two should
not be confused. In re Miller, 441 F.2d 689, , 169 USPQ
597, (CCPA 1971).
With regard to the "means for selecting the order z
of said filter," the examiner has a point, at least with
regard to the apparatus claims reciting "means plus function,"
in the sense that there appears, at first glance, to be no
disclosed supporting structure for the "means for selecting."
While the sixth paragraph of 35 U.S.C. 112 sanctions
the use of "means plus function" language, the specification
must still have an adequate disclosure as to what is meant by
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