Appeal No. 1998-1053
Application No. 07/974,832
appellant has urged that the term "determinative" found
confusing by the examiner, when read in light of the
specification,
clearly means parameters which can be used to
determine a particular feature, but do not
constitute that feature itself. It is respectfully
submitted that the Examiner's attempt to ignore this
language and include direct measurement of the
features of interest within this definition would
render the estimating step confusing, since an
estimated feature would clearly not be needed if a
direct measurement thereof was provided (page 2).
However, during the oral hearing held July 11, 2000,
appellant's counsel indicated that the claim terminology in
question clearly was intended to cover direct measurement of
both density and pressure.
Given the conflicting positions set forth in appellant's
reply brief and at the oral hearing on July 11, 2000, we are
at a loss to clearly understand what the scope and content of
claims 35 through 37 on appeal are intended to be and exactly
what measurements are to be excluded by appellant's use of the
terminology "parameters determinative of" in the measuring
step and "consisting essentially of" in the estimating step of
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