Ex parte BYRNE - Page 11




          Appeal No. 1999-1109                                                        
          Application No. 08/359,904                                                  


               With respect to claim 17, we are of the opinion that the               
          absolute velocity terms and the relative velocity terms are not             
          clearly defined in the specification as we have explained above             
          regarding the written description requirement.  Thus, we agree              
          with the Examiner that claim 17 and dependent claims 18-20 are              
          indefinite under 35 U.S.C. § 112, second paragraph.  Regarding              
          claim 2, however, we agree with Appellant that claim 1, the                 
          parent claim of claim 2, is not restricted to only two telephone            
          systems.  Appellant is correct in arguing that claim 2 contains             
          three telephone systems and it is not in conflict with the                  
          language of claim 1.  Therefore, we do not sustain the rejection            
          of claim 2 and its dependent claims 3-10 under 35 U.S.C. § 112,             
          second paragraph.                                                           
               Rejections under 35 U.S.C. § 102                                       
               There are two sets of rejections under this ground of                  
          rejection using two different references.  Before we discuss any            









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