Ex parte HERBERMANN - Page 7




                 Appeal No. 97-2999                                                                                       Page 7                        
                 Application No. 08/338,714                                                                                                             


                 agree with the examiner, that the preamble of claim 36 is                                                                              
                 inconsistent with the recitations of the body of the claim,                                                                            
                 such inconsistency, in this case, does not render the claim                                                                            
                 indefinite 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.                          3                                                                           























                          3We encourage the appellant to correct this inconsistency                                                                     
                 by filing a suitable amendment, such as the deletion of "for                                                                           
                 supporting a tool" from line 1 of claim 36.                                                                                            







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Last modified: November 3, 2007