Ex Parte JANZEN - Page 4



          Appeal No. 2001-1276                                                        
          Application No. 09/122,519                                                  

                                   Indefiniteness                                     

               As set forth in the final rejection (page 2), the examiner             
          considers the recitation of "or" followed by the recitation of              
          "and/or" in claim 1 to render the claim indefinite.  We agree.              

               In the context used in claim 1, "or" appears to indicate               
          that a holding device is, alternatively, means establishing a               
          magnetic field passing through "the" conveyor belt or means                 
          generating a vacuum at suction orifices of "the" conveyor belt.             
          However, later in the claim, the holding device is recited as               
          having at least one magnetic device with a magnetic conveyor belt           
          and at least one vacuum device with a vacuum conveyor belt, with            
          the magnetic device "and/or" the vacuum device together with                
          their respective belt being displaced relative to a common                  
          reference member and being brought into contact with the                    
          workpieces to be transported.  The disparity between the                    
          discussed recitations in the claim makes it apparent to us that             











Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007