Appeal No. 95-5039
Application 07/979,018
(Paper No. 17), while the complete statement of appellant’s
argument can be found in the substitute brief (Paper No. 16).
In the brief (page 3), appellant indicates that
claims 38 through 42 stand or fall together. Thus, we focus
upon selected independent claim 38.
OPINION
In reaching our conclusion on the indefiniteness issue
raised in this appeal, this panel of the board has carefully
considered appellant’s specification and claim 38, and the
respective viewpoints of appellant and the examiner. As a
consequence of our review, we make the determination which
follows.
We reverse the rejection of claim 38 under 35 U.S.C.
§ 112, second paragraph. It follows that claims 39 through 42
fall therewith.
The sole issue raised by the examiner regarding the
content of claim 38 is its definiteness under 35 U.S.C. § 112,
second paragraph.
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