Appeal No. 1997-2161
Application 08/172,170
OPINION
We will not sustain the rejection of claims 3, 4 and
11 through 13 under 35 U.S.C. § 112, second paragraph.
Further-
more, we will not sustain the rejection of claim 1 under 35
U.S.C. § 102 nor will we sustain the rejection of claims 10
and 11 under 35 U.S.C. § 103.
Analysis of 35 U.S.C. § 112, second paragraph,
should begin with the determination of whether claims set out
and
circumscribe the particular area with a reasonable degree of
precision and particularity; it is here where definiteness of
the language must be analyzed, not in a vacuum, but always in
light of teachings of the disclosure as it would be inter-
preted by one possessing ordinary skill in the art. In re
Johnson, 558 F.2d 1008, 1015, 194 USPQ 187, 193 (CCPA 1977),
citing In re Moore, 439 F.2d 1232, 1235, 169 USPQ 236, 238
(1971). Furthermore, our reviewing court points out that a
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