Appeal 2006-2619
Application 10/935,566
Claim 11 is couched in the same preambular terms as well as the term
“component.” This claim specifies that the component which receives
“welding parameter” information does so “from a remote system,” and that
the information received from the remote system is not so limited but
comprises “at least one of a welder configuration and a welding parameter.”
The specified any “analyzer” has the function of determining “the welder
configuration to employ” based on such information, but the claim language
specifies that the “communication component” can receive a “welder
configuration” which is the same term used to define the configuration
applied to the welder power supply by the “configuration component.”
Thus, the function of the “analyzer” in this respect is unclear.1 In any event,
the “analyzer” and the “configuration component” can be the same system
“component” as Appellants have defined this term in the specification.
Thus, we interpret the claim language to encompass any system which
facilitates any step in configuring any part or element of any manner of
welder power supply at any point in a joining process, including any initial
step such as boot up, in configuring the power supply with respect to the
1 The inconsistency with respect to the “welding configuration” received by
the “communication component” and the processing thereof by the
“analyzer” component and further by the “configuration component” raises
issues under 35 U.S.C. § 112, second paragraph, with respect to appealed
claim 11. However, we determine that a reasonable, conditional
interpretation of the claim language is that claim 11 further encompasses
processing “a welding parameter” received from “a remote system,” and we
consider claim 11 in this respect in order to resolve prior art issues in this
appeal, thus avoiding piecemeal prosecution. Cf. In re Steele, 305 F.2d 859,
862-63, 134 USPQ 292, 295 (CCPA 1962); Ex parte Saceman, 27 USPQ2d
1472, 1474 (Bd. Pat. App. & Int. 1993).
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