Appeal No. 96-1419
Application 08/081,971
is not sustainable.
The § 103 rejection of dependent claim 9 also is not
sustainable because neither Seckerson nor Williams rectifies the
deficiencies of Schuplin discussed supra.
Under the provisions of 37 CFR 1.196(b), the following new
ground of rejection is entered against claims 8 and 9:
Claims 8 and 9 are rejected under 35 U.S.C. § 112, second
paragraph as being indefinite and hence failing to particularly
point out and distinctly claim the subject matter which
appellants regard as their invention.
As noted supra, it is well established patent law that the
claims must define the metes and bounds of the invention with a
reasonable degree of precision. In re Venezia, 530 F.2d at 958,
189 USPQ at 151. It is also well settled that the claim language
cannot be read in a vacuum, but instead, must be read in light of
the specification without generating confusion. In re Hammack,
427 F.2d 1384, 1391, 166 USPQ 209, 215 (CCPA 1970).
Claim 8 recites that the support (i.e., the mirror support
rod) is deployed in the slot which is formed between the
“accurate” (i.e., arcuate) surfaces of the claimed first and
10
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