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 35Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007