Appeal No. 1998-1053
Application No. 07/974,832
same negative limitation and thus appear to also be
indefinite.
Independent claims 26 and 27 set forth a step of
"measuring parameters directly determinative of density and
pressure of the foamed furnish" and an estimating step which
is based "substantially exclusively upon . . . said
measurements determinative of density and pressure.” In this
regard, we see the same problem that the examiner has
highlighted in claims 35 through 37 discussed above, i.e.,
that it is not clear exactly what is excluded from these
claims by the use of the "directly determinative" and
"substantially exclusively upon" language, especially in light
of the conflicting statements made in the reply brief and at
the oral hearing of July 11, 2000 as noted supra.
Claim 2, which depends from claim 1, sets forth that the
estimating step of claim 1 comprises "estimating an ideal jet
velocity, providing an empirically derived correction factor
. . . and estimating the current jet velocity as a function of
the estimated ideal jet velocity and the empirically derived
10
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