Ex parte FREGIEN et al. - Page 4




          Appeal No. 97-1646                                                          
          Application 08/080,890                                                      


          cutting blades to pass through the block of energetic material”             
          in claim 1, lines 8 and 9.                                                  
               We do not regard this language as indefinite.  A statement             
          such as “causing the cutting blades to pass through the block” is           
          generic to any situation where there is relative movement between           
          the cutting blades and the block.  The blades are no less caused            
          to move through the block because the block is moved (as in                 
          appellants’ disclosed apparatus) than they would be if the blades           
          were moved.                                                                 
               (b) The examiner finds the “means for moving said aligned              
          block” recited in lines 6 to 9 of claim 2 to be confusing because           
          “it appears to be the same previously recited ‘remotely                     
          controlled means for positioning ... said retainer’” (answer,               
          page 6).  We do not agree.  The “means for moving” in claim 2 is            
          not recited as being in addition to the “remotely controlled                
          means” recited in parent claim 1, but rather is claimed as a                
          component thereof.  Thus, claim 2 recites (numbers in brackets              
          added):                                                                     
                    2.   The apparatus of claim 1 wherein the means                   
               for remotely positioning the block of energetic                        
               material between the cutter and the retainer comprises                 
               [1] a carousel ... , and [2] a means for moving said                   
               aligned block ....                                                     



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