Ex parte BARON - Page 4




                 Appeal No. 1998-0910                                                                                                                   
                 Application No. 08/454,596                                                                                                             

                 claims 3 and 5 through 8 and claim 4, respectively, standing                                                                           
                 or falling therewith.                                                                                                                  


                                                                     OPINION                                                                            
                          In reaching our conclusion on the issues raised in this                                                                       
                 appeal, this panel of the Board has carefully considered                                                                               
                 appellant’s specification, claims, and drawing, the evidence                                                                           
                 of obviousness,  and the respective viewpoints of appellant3                                                                                                           
                 and the examiner.  As a consequence of our review, we make the                                                                         
                 determinations which follow.                                                                                                           


                                                      The indefiniteness issue                                                                          
                          We reverse the examiner’s rejection of claim 1 under                                                                          
                 35 U.S.C. § 112, second paragraph.                                                                                                     




                          3In our evaluation of the applied patents, we have                                                                            
                 considered all of the disclosure of each document for what it                                                                          
                 would have fairly taught one of ordinary skill in the art.                                                                             
                 See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA                                                                              
                 1966). Additionally, this panel of the board has taken into                                                                            
                 account not only the specific teachings, but also the                                                                                  
                 inferences which one skilled in the art would reasonably have                                                                          
                 been expected to draw from the disclosure.  See In re Preda,                                                                           
                 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).                                                                                      

                                                                           4                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next 

Last modified: November 3, 2007