Ex parte MUELLER et al. - Page 6




          Appeal No. 2000-0105                                                        
          Application No. 08/573,247                                                  


          characteristic variable, we do not consider that one of                     
          ordinary skill would be unable to determine the bounds of                   
          scope of the claims.  While the language is cumbersome in                   
          form, we believe it is clear that each claim is limited to the              
          specific characteristic variable recited at the end of the                  
          claim, or, as appellants argue on page 8 of their brief,                    
          “[each] claim provides for a possibility of selection of at                 
          least one [characteristic] variable from two different                      
          variables and at the end specifies which one is selected.”                  
               The expression “a moment producing impulses” in lines 3                
          and 4 of each claim is an obvious grammatical error and does                
          not render the claims indefinite.                                           
               In the last three paragraphs of the above quotation from               
          the examiner’s answer, the examiner indicates that all three                
          of the definitions of the characteristic variable at the end                
          of each claim are unclear.  We do not agree with the examiner               
          as to claims 23 and 24.  Reading the language of claim 23 in                
          light of the specification, it is evident from page 5 and                   
          Figs. 2a and 2d that “a drop of speed . . . an impulse                      
          emission” refers to the rate of drop in motor speed, ªn/ªt, at              
          the impulses (1, 2, 3 and 4 in Fig. 2d).  Likewise, in claim                
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