Ex parte NOONE et al. - Page 10




          Appeal No. 1995-1703                                                        
          Application 07/897,304                                                      


          first paragraph, rejection of claims 1, 2, 4 through 15 and 18              
          through 21 as being based on a specification which does not                 
          provide an adequate written description of the claimed                      
          invention.                                                                  


               As for the 35 U.S.C. § 112, second paragraph, rejection                
          of claims 1, 2, 4 through 15 and 18 through 21, the examiner                
          argues that these claims fail to particularly point out and                 
          distinctly claim the subject matter the appellants regard as                
          the invention because                                                       


               [t]he scope of the subject matter mentioned in the                     
               above objection under the first paragraph of 35                        
               U.S.C. § 112 [is] not at all clear for the reasons                     
               expressed therein, which were deemed to render these                   
               claims ambiguous.  Additionally the phrase “the                        
               outer tubing” twice [recited] in claim 1 (Amended)                     
               was noted to not find antecedent basis [main answer,                   
               page 6].                                                               










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