Ex Parte Warren et al - Page 6

                Appeal 2007-1266                                                                              
                Application 10/125,204                                                                        

                      5) Schwarzkopf’s Figure 1 shows a conventional hydraulic                                
                         press 12 having an upper vertically aligned ram 14 and a lower                       
                         vertically aligned ram 16.  A removable mold 18 is positioned                        
                         between the two rams 14 and 16 within a metal enclosure 20 which                     
                         is made of steel.  The upper ram 14 is movable downward to apply                     
                         pressure to hold the mold 18 together during isostatic compaction                    
                         and the lower ram 16 is movable upward to push the removable                         
                         mold 18 out of the metal enclosure 20 after isostatic compaction.                    
                         (Schwarzkopf, col. 2, ll. 32-40).  The top ring 42 and sealing ring                  
                         34 position the character sleeve 40 within the support ring 38.  The                 
                         rings 42, 38, and 34 have an interleaving construction to provide a                  
                         closed compression cavity 44 from which powdered metal 46                            
                         cannot escape during isostatic compression.  The rings 42, 38, and                   
                         34 can be made of standard 4340 steel.  (Schwarzkopf, col. 2, ll.                    
                         62-68).                                                                              

                                    ANALYSIS AND CONCLUSIONS                                                  
                      I.  Have Appellants shown that the Specification provides an                            
                appropriate standard for determining the degree of rigidity required for the                  
                face seal component?                                                                          
                      The Examiner contends that the appealed claims are indefinite under                     
                35 U.S.C. § 112, second paragraph, because “rigid” is a term of degree and                    
                the Specification does not provide a standard by which this may be                            
                determined.  (Answer 3).  The relevant inquiry under § 112, second                            
                paragraph, is whether the claims delineate to a skilled artisan the bounds of                 


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