Ex parte MOORMAN - Page 10




          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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