Appeal No. 1997-4441 Application 08/370,095 are broad, not indefinite. The rejection of apparatus claims 1, 3-6, and 11 is reversed. Appellant argues that method claims 7 and 9 are definite because "products are acted upon (weighed) in the claimed method" (Br10). We agree that the method claims are definite because "providing said weigh pan with a length in said direction of movement not substantially greater than a length of said products as measured in said direction of movement" (claim 7) states a definite relationship between the lengths of the product and the weigh pan. Because the method acts on the product, the length limitation is not just a statement of intended use and it is necessary to show the claimed relationship between the lengths. See In re Mills, 916 F.2d 680, 682, 16 USPQ2d 1430, 1432 (Fed. Cir. 1990) ("While Mathis' apparatus may be capable of being modified to run the way Mills' apparatus is claimed, there must be a suggestion or motivation in the reference to do so."). We conclude that the method claims are definite. The rejection of claims 7 and 9 is reversed. 35 U.S.C. § 103(a) - 7 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007