Ex Parte Harley et al - Page 3

               Appeal 2007-3048                                                                             
               Application 10/664,947                                                                       

               As shown in Figure 4 of the Specification, the application of the voltages                   
               creates a "spatially substantially alternating" voltage pattern on the stator.               
               Changing the spatially substantially alternating voltage pattern on the stator               
               causes the associated rotor 320 to translate in discrete, precisely controllable             
               steps in the +x- and –x directions.  (Id. 9.)                                                

                                          B. ILLUSTRATIVE CLAIM                                             
                      Claim 14, which further illustrates the invention, follows:                           
                      14. An electrostatic stepping comb drive actuator, comprising:                        
                            a stationary member having a tooth, the tooth                                   
                      comprising:                                                                           
                                  opposed surfaces, and                                                     
                                  a first electrode array disposed on the first                             
                            surfaces;1                                                                      
                            a first conductor coupled to the first electrode array;                         
                            a moveable member comprising second electrode arrays                            
                      disposed on surfaces opposite the first surfaces; and                                 
                            second conductors electrically connected to the second                          
                      electrode arrays, and                                                                 
                            voltage sources that impose discrete voltage patterns on                        
                      the first and the second electrode arrays.                                            
                                                                                                           
               1 A claim is indefinite "where the language 'said lever' appears in a                        
               dependent claim where no such 'lever' has been previously recited in a parent                
               claim to that dependent claim . . . ."  Ex parte Moelands, 3 USPQ2d 1474,                    
               1476 (BPAI 1987).  Here, although claim 14 includes the language "the first                  
               surfaces," no such "first surfaces" were previously recited therein.  Being                  
               "basically a board of review," Ex parte Gambogi, 62 USPQ2d 1209, 1211                        
               (BPAI 2001), we leave the issue of whether the claim lacks antecedent basis                  
               to the Examiner and the Appellants.                                                          

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