Appeal No. 98-1201 Page 5
Application No. 08/527,784
we summarily sustain the rejection of claim 1 under 35 U.S.C.
§ 112, second paragraph.
New ground of rejection
Under the provisions of 37 CFR § 1.196(b), we enter the
following new ground of rejection.
Claim 1 is rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite for failing to particularly
point out and distinctly claim the subject matter which the
appellant regards as the invention.
Claims are considered to be definite, as required by the
second paragraph of 35 U.S.C. § 112, when they define the
metes and bounds of a claimed invention with a reasonable
degree of precision and particularity. See In re Venezia, 530
F.2d 956, 958, 189 USPQ 149, 151 (CCPA 1976).
We are unable to determine the metes and bounds of the
claimed invention with a reasonable degree of precision and
particularity for the reasons set forth below. In addition to
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