Appeal No. 98-2086 Application 08/539,353 The second paragraph of § 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 determining whether this standard is met, 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. In the present case, the appellant's disclosure indicates that the aperture and "L" shaped member recited in claim 3 and the first and second mating cylinder members which form a hinge means recited in parent claim 1 are mutually exclusive characteristics of different locking apparatus embodiments. The recitation of both in claim 3 by virtue of its dependency from claim 1 renders the scope of claims 3 and 6 unclear. 2 2 Although the following informalities are not serious enough in and of themselves to render the involved claims indefinite, they are nonetheless deserving of correction in the event of further prosecution before the examiner. The preambles of dependent claims 2, 5 and 6 ("The locking means . . .) is inconsistent with the preamble and ultimately recited 8Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007