Appeal 2007-1083 Application 09/847,093 1 4) does not go to the merits of the indefiniteness rejection because the 2 equations on pages 5 and 6 of the Specification do not appear in the claims. 3 Nor is it clear that understanding these equations is required for an 4 understanding of the invention. In addition, the fact that the Examiner 5 cannot understand the invention does not address whether an artisan in the 6 Digital Signal Processing field could understand how to make and use the 7 invention without undue experimentation. 8 From all of the above, we hold that the Examiner has failed to 9 establish a prima facie case of indefiniteness of the claims. In addition, 10 because objections are petitionable and not normally decided on appeal, we 11 need not decide the objection. (See MPEP § 1201.) 12 13 CONCLUSION OF LAW 14 On the record before us, the Examiner has failed to show that the 15 claims are indefinite within the meaning of 35 U.S.C. § 112 (second 16 paragraph). The rejection of claims 8-13 under 35 U.S.C. § 112 (second 17 paragraph) is reversed. 6Page: Previous 1 2 3 4 5 6 7 Next
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