Appeal No. 1998-2854 Page 10
Application No. 08/500,278
with the fourth paragraph of 35 U.S.C. § 112. See Ex parte
Porter, 25 USPQ2d 1144 (Bd. Pat. App. & Int. 1992) and Ex
parte Moelands, 3 USPQ2d 1474 ((Bd. Pat. App. & Int. 1987).
In this instance, it is our determination that parent claim 1
requires the higher preselected pressure to be a higher
pressure than the lower preselected pressure. We base this
determination on the appellants use of the relative terms
"higher" and "lower" in claim 1 and the recitation in claim 1
that the air pressure regulator automatically cycles the
output air pressure between the lower preselected pressure and
the higher preselected pressure. If the lower preselected
pressure and the higher preselected pressure were to be the
same pressure (as set forth in claim 8) there would be no
cycling of air pressure. Accordingly, we find that dependent
claim 8 is not in compliance with the fourth paragraph of 35
U.S.C. § 112.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 through 7 under 35 U.S.C. § 103 is reversed and a new
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