Ex Parte SPAULDING - Page 3

                  Appeal 2006-3206                                                                                              
                  Application 09/550,276                                                                                        

                          a movement means for moving said transparent cylinder and said light                                  
                  source and detector in a longitudinal axis relative to one another.                                           
                          10.  A spin cytometer apparatus comprising:                                                           
                          a rotating means for rotating a transparent cylinder about a                                          
                  longitudinal axis of the transparent cylinder;                                                                
                          a light source for illuminating at least a portion of the transparent                                 
                  cylinder while the transparent cylinder is being rotated by the rotating                                      
                  means;                                                                                                        
                          a detector means for detecting a light signal generated by the light                                  
                  source and reflected from the transparent cylinder while the transparent                                      
                  cylinder is being rotated by the rotating means;                                                              
                          determining means for determining at least one cytometric                                             
                  characteristic of a sample disposed in said transparent cylinder based  on                                    
                  said detected light signal; and                                                                               
                          a movement means for moving the transparent cylinder and the light                                    
                  source and detector means in relative motion.                                                                 
                          11.  The spin cytometer of claim 10, wherein the rotating means is                                    
                  adapted to sequentially rotate a transparent cylinder in two (2) directions.                                  
                          21.  The spin cytometer of claim 10, wherein the rotating means                                       
                  comprises a stepper motor.                                                                                    
                          24.  The spin cytometer of claim 10, wherein the detector means                                       
                  further comprises an analog to digital converter.                                                             
                          It is readily apparent that all of the appealed claims include in                                     
                  substantial part elements that are stated in terms of “means,” “means                                         
                  comprises,” “means further comprises,” and “means . . . adapted” coupled                                      
                  with a recitation of the function to be performed by such “means.”  The                                       
                  resolution of the principal issues in the grounds of rejection under 35 U.S.C.                                
                  §§ 102(b) and 103(a) advanced on appeal requires that the subject claim                                       
                  language must first be interpreted by giving the claim terms their broadest                                   
                  reasonable interpretation consistent with the written description provided in                                 
                  appellants’ specification as it would be interpreted by one of ordinary skill in                              

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