Ex parte BUSHMAN - Page 3




                 Appeal No. 97-0514                                                                                                                     
                 Application 08/345,114                                                                                                                 



                 Rejection (1)                                                                                                                          
                                   This rejection is stated on page 2 of the final                                                                      
                 rejection as follows:                                                                                                                  
                                   Claims 1-27 are rejected under 35 U.S.C.                                                                             
                                   § 112, second paragraph, as being indefi-                                                                            
                                   nite for failing to particularly point out                                                                           
                                   and distinctly claim the subject matter                                                                              
                                   which applicant regards as the invention.                                                                            
                                   It is not clear how the use of an analyzer                                                                           
                                   or a processor is differentiated from each                                                                           
                                   other as mentioned in claims 1, 12 and 17.                                                                           
                                   A processor can be an analyzer such as a                                                                             
                                   processor used in a personal computer to                                                                             
                                   perform program execution that analyzes                                                                              
                                   data.  Furthermore, an analyzer can utilize                                                                          
                                   a processor to perform analysis of a mea-                                                                            
                                   sured signal.  A spectrum analyzer is an                                                                             
                                   example  of an item of test equipment capa-                                                                          
                                   ble of performing analysis and moreover it                                                                           
                                   is well known in the art that these instru-                                                                          
                                   ments can utilize processors such as a                                                                               
                                   microprocessor.                                                                                                      
                 From this statement, and the arguments made on page 6 of the                                                                           
                 answer, it appears to be the examiner's position that since an                                                                         
                 analyzer may include a processor, and a processor may be an                                                                            




                          2(...continued)                                                                                                               
                 (3), but the examiner states in the answer (page 3) that the                                                                           
                 rejections of those claims under 35 U.S.C. §§ 102(b) and 103                                                                           
                 have been withdrawn.                                                                                                                   
                                                                           3                                                                            





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