Appeal No. 97-2168
Application No. 08/382,120
each ring. The “word . . . has a reasonably precise
meaning and therefore does not render the claims
indefinite.” In re Wakefield, 422 F.2d 897, 904, 164
USPQ 636, 642 (CCPA 1970). With respect to substituents,
this may give the claims considerable breadth, but again
breadth is not synonymous with indefiniteness.
We therefore reverse the rejection under 35 U.S.C. §
112, second paragraph.
The examiner has also rejected claims 10, 12, 21 and
33 under 35 U.S.C. § 112, first paragraph “for lack of
support” (examiner’s answer, p. 5, line 14). The
examiner states:
“The original language of ‘heteroaryl’ was replaced
by the broader phrase ‘mono- or bicyclic aromatic
groups having 5 to 6 atoms in each ring’. This
specific phrase (which does not appear in the
specification) is broader than ‘heteroaryl’ in that
it doesn’t require that a heteroatom be present”
(examiner’s answer, p. 5 lines 16-20).
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