Appeal No. 1998-0631
Application 07/957,990
In claim 209, it is unclear if the "pressure
transducers" (i) include, (ii) are additional to, or
(iii) replace, the "pressure transducer" of claim 208.
Appellant notes that claim 209 contains a typographical
error and should depend from claim 206 and volunteers to
correct the error (Br31). Because the typographical error
creates an indefiniteness problem and because Appellant
volunteers to fix it, we sustain the rejection of claim 209.
CONCLUSION
The rejection of claims 2-8, 17-23, 31-44, 99-112, and
121-134 under 35 U.S.C. § 112, second paragraph, as vague
and indefinite as not reading on the elected species is
reversed.
The rejection of claims 1, 24, 28, 97, 117, and 206-208
under 35 U.S.C. § 112, second paragraph, as vague and
indefinite is reversed, while the rejection of claims 118,
135, 136, 137, 209, and 211 under § 112, second paragraph,
is sustained.
The rejection of claims 1, 24, 26, 97, 117, and 119
under 35 U.S.C. § 102(b) is sustained.
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