Appeal No. 1997-4463
Application 07/988,712
35 U.S.C.§ 112, second paragraph
The Examiner states (FR2):
3.1 The claim language is replete with language that is
vague and indefinite. The following is a sample of the
claim language that is vague and indefinite:
"operable in a different way" (claim 3, line 2) as
to the meaning of a "different way" in this context.
Appellant argues only this language since it is the only
specific problem raised by the Examiner. Appellant notes that
claim 2, from which claim 3 depends, recites that there may be
a number of different site-specific messages for each site.
The specification discloses a number of ways in which the
input device can be operated to select the site-specific
messages, such as pressing a separate button for each message.
"The language 'operable in a different way' thus means
pressing a different button, moving a multi-position switch to
a different switch setting or operating some other multi-state
input device in a different way so as to place the device in a
different state, for each desired message." (Br5.)
The Examiner does not respond to Appellant's arguments in
the Examiner's Answer.
We conclude that claim 3 is definite for the reasons
stated by Appellant. In addition, claim 4 gives a specific
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