Ex parte THELLER - Page 8




          Appeal No. 97-2451                                         Page 8           
          Application No. 08/260,635                                                  


          "substantially below" and "rapidly remove."  For example, one               
          cannot ascertain if the temperature drop of the seal caused by              
          exposure to ambient conditions during delamination as in the                
          applied prior art constitutes "cooling said seal during said                
          delamination to a temperature substantially below the initial               
          temperature of said seal upon removal from said heat sealing                
          location."  Additionally, one cannot ascertain if applying the              
          same pulling force to the pulling portions to remove the heat               
          seal segment from the heat seal location and then to                        
          progressively delaminate the seal as in the applied prior art               
          constitutes "applying a pulling force to said pulling portions              
          . . . to rapidly remove the heat seal segment from the heat seal            
          location."  Absent such guidelines, we are of the opinion that a            
          skilled person would not be able to determine the metes and                 
          bounds of the claimed invention with the precision required by              
          the second paragraph of 35 U.S.C. § 112.  See In re Hammack,                
          supra.                                                                      


               Since the appellant's specification fails to set forth an              
          adequate definition as to what is meant by the terminologies                
          "substantially below" and "rapidly remove" recited in claim 1,              









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