Appeal No. 95-0084
Application 07/857,329
OPINION
We will not sustain any of the examiner's above noted
rejections.
The Rejection Under 35 U.S.C. § 112
The examiner believes that the appealed claims are rendered
indefinite by virtue of the claim term “liquid”. More
specifically, the examiner states that “[a] fair reading of the
instant application shows that the liquid being added is material
which is to be processed and hence not a proper element to be
positively recited in the claims” (answer, page 2). While we
appreciate that the liquid in appellants' claimed apparatus is
“to be processed” in the sense that it is to be vaporized by
microwave radiation, the examiner has not explained (and it is
not apparent to us in the absence of such an explanation) why
this fact renders the liquid “not a proper element to be
positively recited in the claims” much less why the appealed
claims are thereby rendered indefinite.
For these reasons, we will not sustain the examiner's § 112,
second paragraph, rejection of the claims on appeal.
The Rejection Under 35 U.S.C. § 103
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