Ex parte BERGER - Page 5




          Appeal No. 95-4134                                                          
          Application 08/099,090                                                      



          We turn first to the examiner's rejection of appealed                       
          claims 1 through 16 under 35 U.S.C. § 112, second paragraph.                
          After reviewing appellant's specification and independent                   
          claim 1 in light thereof, and also in light of appellant's                  
          arguments on pages 5 through 8 of the brief, it is our opinion              
          that the scope and content of the subject matter embraced by                
          appellant's claims on appeal is reasonably clear and definite,              
          and fulfills the requirement of 35 U.S.C. § 112, second                     
          paragraph, that they provide those who would endeavor, in                   
          future enterprise, to                                                       


          approach the area circumscribed by the claims, with the                     
          adequate notice demanded by due process of law, so that they                
          may more readily and accurately determine the boundaries of                 
          protection involved and evaluate the possibility of                         
          infringement and dominance.  See, In re Hammack, 427 F.2d                   
          1378, 166 USPQ 204 (CCPA 1970).  These claims are clearly                   
          directed to an insert (e.g., as seen at 10 in Figures 1 and 8               
          of the application drawings), which insert is, at least in                  
          part, defined by having its tongue portion (42) dimensioned so              

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