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Ex parte BEACHY - Page 4

Legal Research Home > Board of Patent Appeals and Interferences > 1997 > Ex parte BEACHY - Page 4

          Appeal No. 94-4377                                                          
          Application 07/789,738                                                      


          teachings.  As noted by the court in In re Moore, 439 F.2d at               
          1235, footnote 2, 169 USPQ at 238, footnote 2,                              
               [i]t is important here to understand that under this                   
               analysis claims which on first reading - in a vacuum, if you           
               will - appear indefinite may upon a reading of the                     
               specification disclosure or prior art teachings become quite           
               definite.                                                              
               Here, we know of no reason, and none has been provided by              
          the examiner, as to why one of ordinary skill in the art, upon              
          reading the appellants’ specification, would have found the                 
          claimed subject matter indefinite.  Accordingly, the rejection is           
          reversed.                                                                   
               The decision of the examiner is reversed.                              
                                      REVERSED                                        




                                                       )                              
                         TEDDY S. GRON                 )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         JOAN ELLIS                    )                              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )                              
                                                       )  INTERFERENCES               
                                                       )                              
                         TERRY J. OWENS                )                              
                         Administrative Patent Judge   )                              


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