Appeal No. 95-3438
Application No. 08/033,656
recognized generic term which includes many silicon compounds
inclusive of the compound silane (SiH ) as well as other
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silane compounds as specified in the Markush group. The
examiner should be aware that the purpose of the second
paragraph of 35 U.S.C. § 112 is to basically ensure, with a
reasonable degree of particularity, adequate notification of
the metes and bounds of what is being claimed. See In re
Hammack, 427 F.2d 1378, 1382, 166 USPQ 204, 208 (CCPA 1970).
Accordingly, we reverse the examiner’s rejection of appeal
claim 5 under 35 U.S.C. § 112, second paragraph.
The decision of the examiner is reversed.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
CHARLES F. WARREN ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
PAUL LIEBERMAN )
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