Appeal No. 95-3406
Application 07/940,016
Thus, claim 8 is directed to a depression at an end of the top
member of the casing that is opposite to the end at which one of
the openings is positioned. We first note that neither claim 8,
nor claim 6 from which it depends, defines either of the claimed
"two openings" as being at an end of the casing top member.
Furthermore, in order to understand the nature of the claimed
"depression" it is necessary to look to the descriptive portion
of the specification and the drawings, neither of which refer to
or depict a depression at all. Thus, it is unclear on which end
of the casing appellant intended the "depression" to be located.
Accordingly, it is our opinion that the metes and bounds of
appealed claim 8 cannot be accurately determined and that claim 8
fails to comply with the provisions of 35 U.S.C. § 112, second
paragraph.
Moreover, other than the recitation in original claim 5 that
said first member comprises a depression at
an end thereof opposite to the end at which
one of said openings is positioned,
there is no mention whatsoever, in the descriptive portion of the
specification as originally filed or depiction in the figures of
the drawings as originally filed, of such a depression. It is
our opinion that Figure 3A and Figure 3A' of the new drawings
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