Ex parte KOGA et al. - Page 13




          Appeal No. 1996-2198                                                        
          Application 08/077,506                                                      



          a reference pattern for later comparison to an unknown                      
          incoming speech signal in identifier 12 (Spec. at 13, lines                 
          11-27).                                                                     
               For the foregoing reasons, we cannot sustain the § 112,                
          first paragraph, rejection of claims 1-5 for nonenablement.                 
          F.  The merits of the § 112, second paragraph, rejection                    
               The examiner makes separate indefiniteness arguments with              
          respect to claims 1, 3 and 5.  Claim 1 is said to be                        
          indefinite because "[i]t is unclear how the 'second forming                 
          means' and the 'first forming means' operate to produce 'a                  
          reference pattern."                                                         
          This argument, which appears to assert nonenablement rather                 
          than indefiniteness, is unconvincing for the reasons given                  
          above.                                                                      
               Claims 3 and 5 are allegedly unclear because                           
               both indicate that the "identifying means" is                          
               connected to the "second forming means."  However,                     
               the "second forming means" is contained in the                         
               "reference pattern generating means."  The "mode                       
               selection switch means" selects between the                            
               "training mode" and "recognition mode" which are                       
               separately performed by the "reference pattern                         
               generating means" and the "identifying means,"                         
               respectively.  Therefore, the "identifying means"                      

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