Appeal No. 2006-0472
Application No. 10/859,119
in the art would know and understand what structure corresponds
to the claimed means-plus-function component. Atmel Corp. v.
Information Storage Devices Inc., 198 F.3d 1374, 1382, 53 USPQ2d
1225, 1230 (Fed. Cir. 1999). It follows that the claims on
appeal are not definite within the meaning of § 112, second
paragraph.
OTHER ISSUE
As indicated supra, we have vacated the examiner’s
aforementioned rejections since the scope of the claims cannot be
properly construed. However, upon clarification of the scope of
the claims on appeal, the examiner must re-evaluate the
applicability of the examiner’s aforementioned rejections.
CONCLUSION
For the reasons set forth above, we enter a new ground of
rejection against the claims on appeal under 35 U.S.C. § 112,
second paragraph, and vacate the rejections set forth by the
examiner.
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