Ex parte BROWN - Page 9




          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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