Appeal No. 96-0356
Application 08/163,635
rotates in a first direction as depicted in Figure 2 and when
gear 158 engages gear 140, the second roller 114 rotates in a
second direction depicted in Figure 4. Figure 3 depicts a
position wherein neither gear 138 nor gear 140 engage gear 158 so
that roller 114 is idle.
In regard to the recitations in claim 3, gears 122, 128, 129
and 136 are interpreted to be the first drive means. Gears 130
and 140 are interpreted to be the second drive means and gear 158
is the third drive means.
We turn first to the examiner’s rejection under 35 U.S.C.
§ 112. The examiner is of the opinion that the recitation in
claims 3, 4 and 11 of a second drive means “for rotation in the
second direction” is indefinite as it is unclear what element is
to be rotated in the second direction. It is also the examiner’s
position that claim 3 is indefinite because it depends from a
canceled claim.
We initially note that the purpose of the requirements
stated in the second paragraph of 35 U.S.C. § 112 is to provide
those who would endeavor, in future enterprise, to approach the
area circumscribed by the claims of a patent, with the adequate
notice demanded by due process of law, so that they may more
readily and accurately determine the boundaries of protection
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007