Appeal No. 96-2298
Application 08/147,179
these components are definitely positioned as expressly set
forth in these claims. The circumstance that their relative
positioning with respect to one another, as described and
depicted in the underlying disclosure, is not set forth in the
claims is simply a matter of claim breadth, not indefiniteness.
The claim broadly, but fairly, sets forth where the spacer and
seal are positioned. It is also clearly evident to us that the
positioning of the sleeve and separator is definitely set forth
in claims 3 and 13. Once again, it is our opinion that the
examiner’s concern addresses claim breadth, not indefiniteness.
For the reasons set forth, supra, we conclude that the claim
language of concern to the
examiner is definite in meaning and, thus, in conformance with
the requirements of 35 U.S.C. 112, second paragraph.
The decision of the examiner is reversed.
REVERSED
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