Ex parte COLLINS - Page 10




          Appeal No. 96-3919                                                          
          Application 08/224,163                                                      


               Claims 1-5 and 12-14 are also rejected under 35 U.S.C.                 
           112, second paragraph.  In order to satisfy the second                    
          paragraph of  112, a claim must accurately define the claimed              
          subject matter in the technical sense.  See In re Knowlton, 481             
          F.2d 1357, 1365, 178 USPQ 486, 492 (CCPA 1973).  Moreover, while            
          the claim language may appear, for the most part, to be                     
          understandable when read in the abstract, no claim may be read              
          apart from and independent of the supporting disclosure on which            
          it is based.  In re Cohn, 438 F.2d 989, 993, 169 USPQ 95, 98                
          (CCPA 1971); In re Moore, 439 F.2d 1232, 1235 n.2, 169 USPQ 236,            
          238 n.2 (CCPA 1971).  Applying these principles to the present              
          case, the claim language “extending in a plane which is generally           
          perpendicular to a centerline of said body portion” appearing in            
          each of the independent claims may appear to be clear when read             
          in a vacuum.  However, when read in light of the supporting                 
          disclosure, and especially the drawing figures, this claim                  
          language raises an unreasonable degree of uncertainty as to what            
          the claim language may mean.                                                
                                       Summary                                        
               The standing rejection of claims 12 and 13 under 35 U.S.C.             
           112, second paragraph, is affirmed.                                       



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