Ex parte HERBERMANN - Page 6




          Appeal No. 97-2999                                         Page 6           
          Application No. 08/338,714                                                  


          includes both the socket 30 and the clamp 28.  The                          
          specification also clearly describes that the male ball 32 is               
          formed of a material that is "harder" than the socket 30.  In               
          our opinion, claim 33, when read in light of the                            
          specification, is definite since the scope of the invention                 
          sought to be patented can be determined from the language of                
          the claim with a reasonable degree of certainty.  Furthermore,              
          while the examiner is correct that the language of claim 33 is              
          broad enough to read on the male ball being formed of a                     
          material "harder" than the clamp, the mere breadth of the                   
          claim does not in and of itself make the claim indefinite.                  


          Claims 36 through 40                                                        
               We do not agree with the examiner that claim 36 is                     
          indefinite.  When considering claim 36 as a whole, it is clear              
          to us that claim 36 is reciting the combination of a base, a                
          mount structure, a tool and at least two links.  We reach this              
          conclusion based upon claim 36 reciting (1) "A structure . . .              
          comprising: a mount structure mounted to a base; a tool                     
          mounted at a location remote from said base," and (2) that the              
          at least two links connect "said tool to said base."  While we              







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Last modified: November 3, 2007