Appeal No. 1997-4441
Application 08/370,095
indefinite. Although the actual dimensions of the lengths are
not specified, it is known when the weigh pan has a "length
. . . corresponding essentially to the length of said
products" (claim 1). Thus, the limitations are definite.
This is different from the facts in Brummer where for given
spacing between front and rear wheels, it was impossible to
determine "the height of the rider that the bicycle was
designed for." For example, for a 4' wheel spacing it could
not be determined whether the spacing was designed for a 5'4'
rider (using the 75 percent value) or designed for a 6'8"
rider (using a 60 percent value). It is the language "that
the bicycle was designed for" that rendered the claim
indefinite.
The apparatus claims at issue are very broad because the
product is not claimed as part of the apparatus and the
relationship between the length of the product to be measured
and the length of the weigh pan is a mere statement of
intended use; i.e., the checkweigher is intended for use with
a product having a length about the same length as the weigh
pan. Statements of intended use do not serve to distinguish
structure over the prior art. See In re Pearson,
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