Appeal 2007-1557
Application 10/943,536
position upon failure of a primary electric power source. A capacitor is
provided for storing energy and is charged by the primary electric power
source (Fangio, col. 1, ll. 32-37). A mechanical device is movably
connected to the electromechanical actuator, which may be a valve
proportionally controlled, a fuel control, or any other device which may
be controlled by an electromechanical actuator (Fangio, col. 2, ll. 46-58).
DISCUSSION
DEFINITENESS
The test for definiteness under 35 U.S.C. § 112, second paragraph, is
whether “those skilled in the art would understand what is claimed when the claim
is read in light of the specification.” Orthokinetics, Inc. v. Safety Travel Chairs,
Inc., 806 F.2d 1565, 1576, 1 USPQ2d 1081, 1088 (Fed. Cir. 1986) (citations
omitted). The Examiner states that it is unclear what is meant by the limitation
“without switching” and asserts that “any backup system involves switching from
the primary source to the secondary source” (Answer 3).
Claim 13 was added by amendment and the original specification does not
mention the words "switching" or "switch". The Specification thus applies no
special meaning to the phrase "without switching", and the plain meaning of the
term governs our construction. Given the above definitions, those skilled in the art
would understand “without switching" in claim 13, to mean without making,
breaking, or changing the connections in an electrical circuit by operating a switch
(Finding of Fact 1). Because the Specification discloses supplying backup power
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