Appeal No. 2002-0978
Application 09/535,065
The wrench has a fixed jaw rigid with the wrench handle, and
a movable jaw that coacts with the fixed jaw such that both sides
of a nut can be engaged.
The claimed subject matter may be further understood with
reference to the appealed claims appended to appellant’s brief.
THE REJECTIONS
Claims 12 though 22 stand finally rejected under 35 U.S.C.
§ 112, first paragraph as “containing subject matter which was
not described in the specification in such a way as to reasonably
convey to one skilled in the relevant art that the inventor(s),
at the time the application was filed had possession of the
claimed invention.” The examiner refers to page 25 of the
specification wherein it is stated that the angle between the jaw
face 178a and the guide surface 198 is about 10º to 12º. However
it is further stated that this angle is preferably 10º or less.
According to the examiner, the preferred range is outside the
stated range of 10º to 12º and therefore, the disclosure with
respect to this embodiment cannot be understood.
Claims 12 through 22 stand finally rejected under U.S.C.
§ 112, second paragraph as being indefinite for failing to
particularly point out and distinctly claim the subject matter
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