Ex parte BUSCHMANN et al. - Page 4




          Appeal No. 96-2298                                                          
          Application 08/147,179                                                      


                    and dominance.                                                    

          Additionally, claims are considered to be definite, as                      
          required by the second paragraph of 35 U.S.C. § 112, when they              
          define the metes and bounds of a claimed invention with a                   
          reasonable degree of precision and particularity.  See In re                
          Venezia, 530 F.2d 956, 958 189 USPQ 149, 151 (CCPA 1976).  It               
          must also be kept in mind                                                   




          that claim language is read in light of the specification as                
          it would be interpreted by one of ordinary skill in the art.                
          See In re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed.               
          Cir. 1983).                                                                 

               We turn now to the matters of concern to the examiner as               
          raised in the rejection (answer, page 3).                                   

               It is evident that the examiner views the location of the              
          spacer and seal as indefinite.  The examiner inquires as to                 
          how the seal and spacer are located relative to each other.                 
          Further, the examiner questions whether the seal is the same                

                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007