Ex parte BUSCHMANN et al. - Page 5




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


          element as the spacer and/or sleeve.  The examiner also makes               
          reference to the language of claims 3 and 13 as regards the                 
          relative location of the separator.                                         

               Having read claims 1, 3 and 13, in particular, in light                
          of the underlying disclosure, it is quite apparent to this                  
          panel of the board that the language criticized by the                      
          examiner in the claims is broad, not indefinite.  Just because              
          a claim is broad does not mean that it is indefinite.  See In               
          re Miller, 441 F.2d                                                         





          689, 693, 169 USPQ 597, 600 (CCPA 1971) and Ex parte                        
          Scherberich, 201 USPQ 397, 398 (Bd. App. 1977).                             

               The specification (pages 4 through 11) clearly reveals that            
          the seal at the distal end of the first leg 22 is not the same              
          element as the separately defined spacer 38 and/or sleeve.  The             
          language of the claims must, therefore, be understood as                    
          reciting these distinct entities.  As to the questioned location            
          of the spacer and seal recited in claims 1 and 13, we find that             
                                           5                                          





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

Last modified: November 3, 2007