Appeal No. 97-0734 Page 4
Application No. 08/058,592
matter and not to an appealable matter. See Manual of Patent
Examining Procedure (MPEP) §§ 1002 and 1201. Accordingly, we
will not review the issue raised by the appellants on pages
11-12 of the brief.
The indefiniteness issue
We will not sustain the rejection of claims 7 and 9 under
35 U.S.C. § 112, second paragraph.
The second paragraph of 35 U.S.C. § 112 requires claims
to set out and circumscribe a particular area with a
reasonable degree of precision and particularity. In re
Johnson, 558 F.2d 1008, 1015, 194 USPQ 187, 193 (CCPA 1977).
In making this determination, the definiteness of the language
employed in the claims must be analyzed, not in a vacuum, but
always in light of the teachings of the prior art and of the
particular application disclosure as it would be interpreted
by one possessing the ordinary level of skill in the pertinent
art. Id.
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