Ex parte CASE - Page 5




          Appeal No. 96-1729                                                          
          Application No. 08/165,795                                                  

          a multi-bit) multi-pixel cell.  Moreover, as to the integer                 
          determination in dependent claim 6, it is clear that this                   
          discussion would have been readily understood by the artisan                
          as explained at pages 17 and 18 of the specification as filed.              
          It is the deriving step at the end of independent claim 4 that              
          is further explained according to the formula recited in                    
          dependent claim 6 which is consistent with this just mentioned              
          discussion.                                                                 
               In view of the foregoing, we conclude that it would have               
          been necessary for the artisan to exercise only a routine                   
          measure of experimentation to make and use the claimed                      
          invention as set forth in dependent claims 5 through 8.                     
          Additionally, since the subject matter of these claims is                   
          directly consistent with and somewhat mirrors the actual                    
          language of the disclosure in the earlier noted portions of                 
          the specification as filed, appellant’s claims can not be                   
          fairly said to be indefinite.  It is apparent to us that the                
          appellant is particularly pointing out and distinctly claiming              
          what he regards as his invention as required by the second                  
          paragraph of 35 U.S.C. § 112 such as to give adequate notice                
          to the artisan and the public what the metes and bounds of the              

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