Appeal No. 2006-1607
Application 10/062,894
DISCUSSION
Claim interpretation
Appellant argues that the limitation of a "unique phase/time position" requires each slot
to have both a unique phase and a unique time position and that this is not taught by Devon. The
examiner interprets "phase/time" to be "either phase or time." More accurately, since the word
"position" is associated with the word "time," the examiner interprets "unique phase/time
position" to be either a "unique phase" or a "unique time position." Appellant argues that "[t]he
specification is clear that a pulse in a specific time slot is distinguishable from a pulse in another
slot by both time and phase" (Br5). As a matter of grammar, the slash, sometimes called the
virgule, is commonly used in three situations: to indicate an alternative between two words (e.g.,
"and/or," "his/her"), to clarify and join two words where the slash serves to emphasize the
relationship between the two words it unites (e.g., in "grandmother/guardian," the woman is not
only the boy’s grandmother; she is also his guardian; the two alternatives are equally important
and applicable), or to indicate line separation when quoting poetry. See Grammatically Correct,
"http://www.uhv.edu/ac/student/writing/grammartip011006.htm, 8/18/06" (not prior art). Thus,
the examiner's interpretation is grammatically correct. While we understand what appellant
intends to claim, there is no reason why, during prosecution when the claims can be amended,
the claims are not amended to precisely define the invention without impliedly reading in
limitations from the specification. The claims could be easily amended to recite a "unique phase
and time position" or, even more clearly, a "unique phase and a unique time position."
Analysis
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