Ex parte GIFFORD - Page 38




          Appeal No. 1998-0631                                                        
          Application 07/957,990                                                      

          question.  This basis for the rejection of claim 135 is                     
          reversed.                                                                   


               Fourteenth issue - claims 136 and 137                                  
               The Examiner states (OA7):                                             
                    It is unclear what relationship, if any, exists                   
               between the "pressure signals" recited in claims                       
               136-137 and the "pressure signals" recited in claim                    
               117; in particular, it is unclear if these are the same                
               or different pressure signals.                                         
               Appellant volunteers to insert the word "the" before                   
          the phrase "pressure signals" to clarify the antecedent                     
          basis and notes that this formal rejection was raised for                   
          the first time in the fourth Office Action (Paper No. 20)                   
          (Br27-28).  Because we think the minor language problem is                  
          somewhat indefinite and because Appellant volunteers to fix                 
          it, we sustain the rejection of claims 136 and 137.                         

               Fifteenth issue - claim 207                                            
               The Examiner states (OA7):                                             
                    In claim 207, line 3, "capable of detecting                       
               pressure..." is indefinite as it is unclear if the                     
               pressure transducers in fact detect pressure in the                    
               manner recited; in general, merely reciting that an                    
               element is capable of performing a function says                       
               nothing about whether the element actually performs the                
               function.                                                              
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