Ex parte MICHAEL E. MILLER et al. - Page 5




          Appeal No. 96-2294                                                          
          Application 08/278,558                                                      


          dimensional relationship is satisfied by the Hayafuji reference.            
               Regarding claim 10, we have entered a rejection of this                
          claim under 35 U.S.C.  112, second paragraph, infra.  However,             
          to the extent that claim 10 is understood, we reverse the 35                
          U.S.C.  102 rejection thereof.  We note that Figure 14 of                  
          Hayafuji appears to satisfy the limitation in claim 10 of said              
          body portion being defined by an arc segment of less than 180E.             
          However, with respect to the unaddressed dimensional limitation,            
          just as with respect to claim 1, the examiner has provided little           
          evidence that Hayafuji satisfies this argued limitation.                    
          Therefore, to the extent that the claim is understood, it is                
          clear that Hayafuji is not anticipatory thereof.                            
               Pursuant to 37 CFR  1.196(b), claims 10 through 12 are                
          rejected for failure to comply with the second paragraph of                 
          35 U.S.C.  112.                                                            
               The test of whether a claim complies with  112, second                
          paragraph, is:                                                              
               whether 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).            
          We note that in the ultimate subparagraph of claim 10, the claim            

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