Ex Parte Kimura - Page 4



                Appeal 2007-0144                                                                              
                Application 09/846,907                                                                        

                Pharmaceutical Co. Ltd., 927 F.2d 1200, 1217, 18 USPQ2d 1016, 1030                            
                (Fed. Cir.1991)).  The "inquiry therefore is merely to determine whether the                  
                claims do, in fact, set out and circumscribe a particular area with a                         
                reasonable degree of precision and particularity."  In re Moore, 439 F.2d                     
                1232, 1235, 169 USPQ 236, 238 (CCPA 1971).  In particular, a claim is                         
                indefinite "where the language 'said lever' appears in a dependent claim                       
                where no such 'lever' has been previously recited. . . ."  Ex parte Moelands, 3                
                USPQ2d 1474, 1476 (B.P.A.I. 1987).                                                            

                                                B. ANALYSIS                                                   
                      Here, claim 1 recites in pertinent part "the network administrator."                     
                No such "network administrator," however, was previously recited   in the                     
                claim.  Furthermore, the relation between "the network administrator" and                     
                the "LAN administrator," which was previously recited in the claim, is                        
                uncertain. Those of skill in the art would not understand whether these                       
                expressions refer to the same or different entities.  Nor would they                          
                understand whether the "authentication-authorizing or rejecting instruction"                  
                is input by the same entity to which the "information regarding the mobile                    
                station" is displayed.                                                                        

                      The claim's recitation of both "a network constructed of w ired                         
                transmission," (pmbl.), and "a radio LAN," (id.), imply that the "network                     
                administrator" and the "LAN administrator" are different entities that                        
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