Ex parte BARON - Page 5




          Appeal No. 1998-0910                                                        
          Application No. 08/454,596                                                  

               As perceived by the examiner (answer, page 4), claim 1 is              
          “unclear as to the limitation imparted by the language ‘above-              
          ground’ on lines 1, 3 and 4.”  We fully comprehend the                      
          examiner’s point of view, as explained in the answer.                       
          Nevertheless, for the reasons set forth, infra, we have                     
          concluded that the language of concern to the examiner does                 
          not render claim 1 indefinite.                                              

























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