Appeal No. 2002-0496 Page 6
Application No. 09/182,542
known and the sampling frequency of the samples stored in the memory is also known."
(Wharton Decl. at 20.) To address the non-enablement rejection, the Board conducts
a two-step analysis. First, we construe the claims to determine their scope. Second,
we determine whether the claims as construed would have been enabled.
1. CLAIM CONSTRUCTION
“Analysis begins with a key legal question -- what is the invention claimed?”
Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d 1593, 1597 (Fed.
Cir. 1987). "Claims in dependent form shall be construed to include all the limitations of
the claim incorporated by reference into the dependent claim." 37 C.F.R. § 1.75.
Here, claim 16 specifies in pertinent part the following limitations: "means for
determining a time interval between successive pulses of the transient signal to
determine a velocity of the transient signal in the distribution loop." The claim ultimately
depend from independent claim 1. For its part, the independent claim specifies in
pertinent part "an underground residential distribution power cable system which
includes a distribution loop" and "a transient signal representing a fault. . . ." Construing
claim 16 to include the limitations of claim 1, the limitations requires a means for
determining a time between successive pulses of a transient signal, which represents a
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