Ex parte BOMSE et al. - Page 8




         Appeal No. 1998-1814                                      Page 8          
         Application No. 08/347,814                                                


         110 and 143, we find claim 143 to be definite.  Claim 143 does            
         not recite that the detector means comprises a single                     
         detector.  Claim 143 simply states that a single detector                 
         means produces the output signal representative of the                    
         absorber series.  Claim 143 does not preclude the detector                
         means including other detectors which output signals for                  
         wavelength stabilization.  Accordingly, we see no                         
         inconsistency between claim 143 and claim 110.  As claim 177              
         contains similar language to claim 143, we also find claim 177            
         to be definite under 35 U.S.C. § 112, second paragraph.                   
         Nonetheless, as none of the claims dependent upon claims 110              
         and 144 make up for the indefiniteness of claims 110 and 144,             
         the rejection of claims 110-177 under 35 U.S.C. § 112, second             
         paragraph, is affirmed.                                                   
              We now turn to the rejections of claims 110-114, 117-148,            
         and 151-177 under 35 U.S.C. § 103.  At the outset, we note                
         that at the Oral Hearing, appellants conceded the obviousness             
         of all of the claims rejected by the examiner, with the                   
         exception of claims 121 and 155.  We therefore affirm the                 
         rejection of the remaining claims rejected by the examiner under 35       









Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007