Ex parte MALONEY et al. - Page 5




          Appeal No. 98-3299                                                          
          Application 08/335,331                                                      


          to the issue of “undue multiplicity”, it is well established                
          that an applicant has the choice of deciding as to the number               
          of claims so long as they are consistent with the disclosure                
          and the requisite filing fees are paid.  We, therefore,                     
          reverse the Examiner’s rejection of claims 1 through 4 and 6                
          through 93 under the second paragraph of 35 U.S.C. § 112.                   





                Rejections Under First Paragraph of 35 U.S.C. § 112                   


               With respect to the first paragraph § 112 rejection, we                
          again find ourselves in agreement with the Appellants’s                     
          position.                                                                   
               We first consider Examiner’s position as to the                        
          “insufficiently disclosed” terms of “multi-dimensional                      
          parametric correlation processing unit”, “collateral                        
          information” and “knowledge-based position information”                     
          [answer, pages 3 to 4], and the Appellants’ corresponding                   
          arguments [brief, pages 16, 17 and 20].  We have also reviewed              
          the specification for these terms, namely pages 12 through 16.              
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