Ex Parte Akers - Page 10



          Appeal No. 2005-0855                                            10          
          Application No. 10/269,807                                                  

          focus on the breadth of these limitations.  It is well settled,             
          however, that mere breadth does not equate to indefiniteness.               
          In re Miller, 441 F.2d 689, 169 USPQ 597, 600 (CCPA 1971).                  
          Accordingly, the examiner’s contention that the appealed claims             
          are indefinite is unpersuasive.                                             
               Thus, we shall not sustain the standing 35 U.S.C. § 112,               
          second paragraph, rejection of claims 1 and 8 through 39.                   
                                      SUMMARY                                         
               The decision of the examiner to reject claims 1 and 8                  
          through 39 is reversed.                                                     





















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

Last modified: November 3, 2007