Ex parte BUSHMAN - Page 5




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



          processor, but instead recite, inter alia, steps such as                    
          "performing an analysis of the output" (claim 17) or "compar-               
          ing the analysis with a reference" (claim 23), which do not                 
          require that they be performed by any particular apparatus.                 
                    As for claims 7 to 16, we do not consider that they               
          are so unclear that one of ordinary skill would have any                    
          difficulty comprehending their scope.  Claim 12, for example,               
          calls for:                                                                  
                    an analyzer operable to measure the                               
                    intensity of said detected emitted radia-                         
                    tion; and                                                         
                    a processor coupled to said analyzer,                             
                    said processor operable to determine the                          
                    parameter by comparing said measured inten-                       
                    sity with a reference.                                            
          In our view, it would be evident to one of ordinary skill that              
          the scope of this language is such that the claimed processor               
          would read on any processor which was "coupled to said ana-                 
          lyzer" and "operable to determine . . . with a reference,"                  
          regardless of whether the processor performing the recited                  
          determining function was included as a part of the analyzer,                
          or constituted a separate unit.  This is particularly clear                 
          from the disclosure in the paragraph bridging pages 11 and 12               
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