Appeal No. 1999-2050 Page 13
Application No. 08/576,544
Shandon Inc., 997 F.2d 870, 875, 27 USPQ2d 1123, 1126 (Fed.
Cir. 1993) (internal citations omitted). Furthermore, a claim
should not be denied “solely because of the type of language
used to define the subject matter for which patent protection
is sought.” In re Swinehart, 439 F.2d 210, 212 n.4, 169 USPQ
226, 228 n.4 (CCPA 1971). With these principles in mind, we
consider the appellants' argument.
The appellants argue, "Figure 6a shows bit b(1,1,1.)@15
read from a memory location and figure 6b shows bit b(1,2,1)
written to the same memory location. This is described in the
specification at page 9, lines 19-31." (Appeal Br. at 4.)
The examiner "still contends that the claimed subject matter
that the 'data is both read and written to same memory in
claim 8,' as claimed it reads as if the same data is read in
the same memory not as appellant's argument that the data read
and written being different data as described in the
specification and shown in figures 6a and b." (Examiner's
Answer at 4.)
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