Ex parte DANCE et al. - Page 4




          Appeal No. 96-0570                                                          
          Application No. 08/101,989                                                  


          particularly pointing out and distinctly claiming the subject               
          matter which the applicants regard as their invention.  See                 
          Sjolund v. Musland, 847 F.2d 1573, 1581, 6 USPQ2d 2020, 2027                
          (Fed. Cir. 1988).  Since the infusion zone clearly has a                    
          length and a diameter, it is incumbent upon the appellants to               
          particularly point out which of the two dimensions is limited               
          by the claim.                                                               
                                       SUMMARY                                        
               The Request for Rehearing is granted to the extent that                
          we have reviewed our decision in the light of the arguments                 
          set forth in the request, but it is denied insofar as altering              
          our decision is concerned.                                                  

                                       DENIED                                         





          Neal E. Abrams                  )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                                  )                                   
                                                  )                                   
                         Lawrence J. Staab               ) BOARD OF                   
          PATENT                                                                      
                         Administrative Patent Judge     )   APPEALS AND              

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