Ex parte BOMSE et al. - Page 6




         Appeal No. 1998-1814                                      Page 6          
         Application No. 08/347,814                                                


         components - mixers and lockin amplifiers - that provide demodulation     
         and are depicted in the Figures and itemized in the descriptions of       
         the embodiments and examples."                                            
              We first note that the claim language does not indicate that         
         the detector produces wavelength stabilization means, but, rather,        
         specifies that the signal produced by the detector represents             
         wavelength stabilization means.  Nonetheless, we agree with the           
         examiner that claim 110 is indefinite, since the signal produced by       
         the detector does not represent the wavelength stabilization means,       
         but, rather, is for the wavelength stabilization means.  Only the         
         signal output from the wavelength stabilization means represents the      
         wavelength stabilization means.  Although we agree with the               
         appellants that claim 110, taken alone, could be interpreted as           
         proposed by appellants, an interpretation that the detector includes      
         the wavelength stabilization means is inconsistent with claims which      
         depend from claim 110.  For example, claim 117 recites "[t]he             
         invention of claim 110 further comprising demodulator means for           
         demodulating said output signal means."  In other words, claim 117        
         requires a separate element for demodulation, which is inconsistent       
         with the claim from which it depends.  Therefore, we cannot accept        









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