WANG V. TUCHOLSKI - Page 92




          Interference No. 103,036                                                    


          Kubota v. Shibuya, 999 F.2d 517, 519 n.2, 27 USPQ2d 1418, 1420              
          n.2 (Fed. Cir. 1993) ("The term 'burden of proof' as used herein,           
          and as we understand it to be used in § 1.633, means the burden             
          to establish the proposition at issue by a preponderance of the             
          evidence.")  The burden upon the party Cataldi et al. is the same           
          as that upon an examiner who rejects a claim under 35 U.S.C.                
          § 112, second paragraph, i.e., to establish that one of ordinary            
          skill in the pertinent art, when reading the claims in light of             
          the supporting specification, would not have been able to                   
          ascertain with a reasonable degree of precision and particularity           
          the particular area set out and circumscribed by the claims.  In            
          re Moore, 439 F.2d 1232, 1235, 169 USPQ 236, 238 (CCPA 1971).  In           
          re Hammack, 427 F.2d 1378, 1382, 166 USPQ 204, 208 (CCPA 1970)              
          (The purpose of 35 U.S.C. § 112, second paragraph is to provide             
          those who would endeavor, in future enterprise, to approach the             
          area circumscribed by the claims of a patent, with the adequate             
          notice demanded by due process of law, so that they may more                
          readily and accurately determine the boundaries of protection               
          involved and evaluate the possibility of infringement and                   
          dominance).                                                                 



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