Appeal No. 1998-2823
Application No. 08/458,010
material” (emphasis supplied) set forth, for example, in
independent claims 17, 26 and 40. See answer, p. 6.
The examiner also determined that the terminology
“energy,” “energy detector,” “received energy,” “energy
conducting passage,” and “energy conducting member” lack
antecedent basis because only electromagnetic or infrared
energy is described in the original disclosure. Likewise, the
examiner determined that the language “insulation means” and
“replaceable elements” lack antecedent basis because only an
air gap insulation means and a replaceable window and sleeve,
respectively, are described in the original disclosure.
Finally, the examiner believes the terminology “first
position” to lack antecedent basis in the disclosure. See
answer, p. 7.
We understand the examiner’s characterization of the
claim terminology “brittle,” “energy,” “energy detector,”
“first
position,” “received energy,” “energy conducting passage,”
6
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