Appeal No. 95-1955
Application 08/109,982
paragraph, as lacking adequate written description support in the
specification is without merit.
Accordingly, the rejection of claims 10-12 under 35 U.S.C.
§ 112, first paragraph, as being without adequate written
description support in the specification cannot be sustained.
The rejection under
35 U.S.C. § 112, second paragraph
We do not sustain the rejection of claims 10-12 under
35 U.S.C. § 112, second paragraph, as being indefinite or failing
to particularly point out and distinctly claim that subject
matter which the applicant regards as her invention.
The test for compliance with 35 U.S.C. § 112, second
paragraph, is:
[W]hether the claim language, when read by a person of
ordinary skill in the art in light of the
specification, describes the subject matter with
sufficient precision that the bounds of the claimed
subject matter are distinct. In re Merat, 519 F.2d
1390, 1396, 186 USPQ 471, 476 (CCPA 1975).
The purpose of the statutory section is to provide reasonable
notice as to the boundaries of the patent protection involved.
In re Hammack, 427 F.2d 1378, 1382, 166 USPQ 204, 208
(CCPA 1970). Only a reasonable degree of certainty is required.
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