Ex parte CARLSON - Page 7




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


          and the relief and the space, on the other hand, or whether                 
          the coacting means is intended to coact between the female                  
          housing and the space, on the one hand, and the relief, on the              
          other hand. This claim language is therefore indefinite                     
          because it fails to define the metes and bounds of the                      
          invention with a reasonable degree of precision. See In re                  
          Venezia, 530 F.2d 956, 958, 189 USPQ 149, 151 (CCPA 1976). We               
          will therefore sustain the rejection of claim 8 under the                   
          second paragraph of § 112.                                                  
               In summary, we have reversed the examiner’s rejections of              
          claims 5 through 8 under § 251 and § 112, first paragraph, and              
          we have affirmed the examiner’s rejection of claim 8 under §                
          112, second paragraph.                                                      
               The examiner’s decision rejecting the appealed claims is               
          affirmed in part.                                                           
                                  AFFIRMED-IN-PART                                    



                    HARRISON E. McCANDLISH             )                              
                    Senior Administrative Patent Judge )                              
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    IRWIN CHARLES COHEN                )     APPEALS AND              
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