Appeal No. 1999-0053
Application 08/714,954
claims 10 through 13 appears in the appendix to the
appellant’s brief (Paper No. 10).
Claims 10 through 13 stand rejected under 35 U.S.C. §
112, second paragraph, as failing to particularly point out
and distinctly claim the subject matter the appellant regards
as the invention.
Reference is made to the appellant’s brief (Paper No. 10)
and to the examiner’s first Office action and answer (Paper
Nos. 3 and 11) for the respective positions of the appellant
and the examiner with regard to the merits of this rejection.
The examiner’s explanation of the rejection indicates
that the claims are considered to be indefinite due to the
mere inclusion therein of the aforementioned charts and
diagrams, especially those relating to the prior art engine,
as well as to the particular content of the charts and
diagrams.
purposes of this appeal, we assume that the appellant intended
the charts in the claims to be identical to the corresponding
charts in the specification. Also, given the nature of the
charts as embodying the content of Figures 1A through 7A and
Figures 1B through 7B, respectively, we assume the reference
to “9A” in the “DRAWING #” heading in each chart to be
erroneous and thus deserving of deletion in the event of
further prosecution.
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