Appeal No. 2001-0250 Page 9
Application No. 08/283,074
signal characteristic of a confined volume geometry
comprising, a conduit for exchanging acoustical energy with
said confined volume ...." Dependent claims 42, 43, 44, 45,
and 46 further specify in pertinent part that the confined
volume comprises "an airway of an animal[,]" "an airway of a
human[,]" "a pulmonary airway[,]" "a nasal airway[,]" or "an
oral airway[,]" respectively.
In short, claim 39 recites an apparatus for providing an
output signal characteristic of a confined volume geometry.
Furthermore, one skilled in the art would understand that
claims 42-46 further limit the confined volume of claim 39 to
an animal airway, a human airway, a pulmonary airway, a nasal
airway, or an oral airway, respectively. Therefore, we
reverse the rejection of claims 42-46 as indefinite.
Regarding claims 74, 77, 78, and 91, the examiner alleges
that the claims "only inferentially include 'a second end of
the conduit'." (Examiner's Answer at 3.) Similarly regarding
claim 77, he alleges that the claim "only inferentially
includes the 'sidewall of the conduit'." (Id.) The
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