Appeal No. 1998-1053
Application No. 07/974,832
to the applied prior art references, and to the respective
positions articulated by appellant and the examiner. As a
consequence of our review, we have made the determinations
which follow.
Looking first at the examiner's rejection of claims
35 through 37 under 35 U.S.C. § 112, second paragraph, we note
that the examiner finds the step in these claims relating to
"measuring parameters determinative of the density and
pressure of the foamed furnish" to be unclear and to introduce
ambiguity into the step of "estimating a current velocity"
also found in these claims. More particularly, the examiner
has indicated that
[i]t is not clear if the term "parameters
determinative" of claim 35 excludes or includes
direct "measurement of the density and pressure" or
is it drawn to measuring other parameters which are
used to determine the density and pressure." [sic]
Thus, it is not clear what measurements are excluded
from the term "said estimating consisting
essentially of using the measurements determinative
of density and pressure" (answer, page 6).
While not having responded to this rejection in the main
brief (Paper No. 50), in the reply brief (Paper No. 52)
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