Appeal No. 1998-0634
Application 08/455,667
Alternatively, if claim 38 is not a means-plus-function
format claim, it is indefinite under 35 U.S.C. § 112, second
paragraph, as functional since there would be no structure to
perform the claimed functions. While it permissible to define
something by what it does, there must be some structure in the
claim that performs the function. Bare statements of function
do not distinctly claim the invention.
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