Ex parte KLICEK - Page 5




          Appeal No. 98-0194                                         Page 5           
          Application No. 08/132,940                                                  


          brief (Paper No. 17, filed October 2, 1996) for the                         
          appellant's arguments thereagainst.                                         


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


                              The indefiniteness issue                                
               We do not sustain the rejection of claim 8 under 35                    
          U.S.C.                                                                      
          § 112, second paragraph.                                                    


               The examiner determined (answer, p. 3) that claim 8 was                
          "indefinite because exactly what constitutes the drive circuit              
          being 'altered' [is] unclear."  We do not agree.                            










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