Ex parte CARLSON - Page 6




          Appeal No. 97-2785                                                          
          Application 08/173,698                                                      


               Thus, in the present case, the broadened reissue claims 5              
          through 8 merely omit or broaden an unnecessary limitation as               
          was the case in Peters. Accordingly, we cannot sustain the                  
          rejections of appealed claims 5 through 8 under § 251 and §                 
          112, first paragraph.                                                       
               With regard to the rejection of claim 8 under the second               
          paragraph of § 112, the examiner’s difficulty with the claim                
          language centers on the recitation of the “means for coacting               
          between a female housing, said space and relief to retain said              
          male coupler and flexible conduit in said female housing.”                  
          Typically, the term “between” is used to refer to some element              
          or structure interacting with or lying intermediate two                     
          physical objects.                                                           
               In the present case, however, the term “between” is used               
          to define the relationship of the coacting means with respect               
          to two objects (namely, the female housing and the relief) and              
          a space. In the first place, it is not clear how a structure                
          such as the coacting means can coact with a space for any                   
          purpose, let alone the claimed purpose. Furthermore, it is not              
          clear from the claim language whether the coacting means is                 
          intended to coact between the female housing, on the one hand,              
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