Appeal No. 2001-2689
Application No. 09/215,021
“corresponding structure” disclosed in the specification for
accomplishing the functions set forth in the functional
statements found in paragraphs (c), (d) and/or (e) of patent
claim 1. If so, the reissue claims would be broader than the
patent claims in that they do not require all of the structure
required by the patent claims.
We also note that paragraph (e) of patent claim 1 calls for
“automatic digital control means” (emphasis added), whereas
paragraph (e) of reissue claim 12 only calls for “a digital
controller.” The elimination of the word “automatic” in the
reissue claim raises the question of whether the scope of reissue
claim 12 is broader than patent claim 1, at least with respect to
the digital controller limitation.
In light of the foregoing, this case is remanded to the
examiner for the purpose of having the examiner take the
following actions:
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