Ex Parte AUGSBURG et al - Page 6




          Appeal No. 2002-1672                                                        
          Application No. 09/412,124                                                  

          description of a series of events that are set in motion or                 
          “triggered” on the detection of a TE (triggering event).  For               
          example, pages 20 and 21 describe the broadcast of data                     
          externally from the processor when a TE is detected, while lines            
          10-22 at page 24 describe the data acquiring operation of the               
          trace acquisition buffer on recognition of a TE event.                      
               While there is no question that Appellants have presented              
          very broad claims in defining their invention, it is well settled           
          that the breadth of a claim is not to be equated with                       
          indefiniteness.  In re Miller, 441 F.2d 689, 692, 169 USPQ 597,             
          600 (CCPA 1971).  It is our view that the skilled artisan, having           
          considered the specification in its entirety, would have no                 
          difficulty ascertaining the scope of the invention recited in               
          claims 1-8 and 12-22.  Therefore, the rejection of claims 1-8 and           
          12-22 under the second paragraph of 35 U.S.C. § 112 is not                  
          sustained.                                                                  
               Turning to a consideration of the Examiner’s 35 U.S.C.                 
          § 102(e) rejections of claims 1, 2, 4, 5, 12, 17, 19, 20, and 22            
          based on each one of Circello and Argade, we do not sustain these           
          rejections as well.  We note that anticipation is established               
          only when a single prior art reference discloses, expressly or              
          under the principles of inherency, each and every element of a              

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