Appeal No. 1997-4441
Application 08/370,095
The Examiner states (FR2): "The limitation that the
'weigh pan' has a length that is essentially the length of the
products to be weighed is indefinite because the length of the
weigh pan is based on an unspecified product with an
unspecified length. See MPEP § 2173.05(b) and
Ex parte Brummer, 12 USPQ2d 1652 (Bd. Pat. App. & Inter.,
1989)."
Appellant argues that apparatus claims 1, 3-6, and 11 are
definite because "checkweighers are designed for weighing a
particular product having given dimensions, including a
predetermined length in their direction of movement across the
weigh pan" (Br8) and "[a] checkweigher manufacturer, seller,
or user can readily ascertain whether the limitation as to
weigh pan length is met because the checkweigher is configured
for a stream of like-sized products having known dimensions"
(Br8).
The Examiner responds that it cannot be determined
whether a checkweigher will infringe because the product being
weighed is not part of the claimed subject matter (EA4-5).
We understand the Examiner's position, but we view the
claim language in question as being very broad rather than
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