Ex parte GIFFORD - Page 39




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

               Appellant volunteers to delete the offending phrase                    
          (Br28).  However, in this case, we do not see a problem with                
          the claim language.  The pressure transducers must be                       
          "capable of detecting pressure," regardless of whether they                 
          ever do or not.  "Capable of detecting pressure" specifies a                
          property of the pressure transducer and is not indefinite.                  
          Claim 207 is an apparatus claim and it does not require                     
          actual operation of the apparatus.  The rejection of                        
          claim 207 is reversed.                                                      

               Sixteenth issue - claims 118 and 211                                   
               The Examiner states (OA7):                                             
                    In claims 118 and 211, each occurrence of                         
               "further" should be deleted, since (i) there is no                     
               prior recitation of the message means "comprising"                     
               anything, and (ii) it otherwise appears that                           
               "generating a sound from the annunciator" (claim 118,                  
               line 4) or "generating a light" (claim 211, line 3)                    
               occurs additional to "generating a message at the                      
               message means" (claim 117, next-to-last line), which                   
               does not appear to be intended.                                        
               Appellant volunteers to delete the offending word                      
          (Br28).  Because we think the minor language problem is                     
          somewhat indefinite and because Appellant volunteers to fix                 
          it, we sustain the rejection of claims 118 and 211.                         


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