Ex parte GARUGLIERI - Page 7




          Appeal No. 1998-2700                                                        
          Application No. 08/722,452                                                  


                                       OPINION                                        
          In reaching our decision in this appeal, we have given                      
          careful consideration to appellant’s specification and claims,              
          to the applied prior art references, and to the respective                  
          positions articulated by appellant and the examiner.  As a                  
          consequence of our review, we have made the determinations                  
          which follow.                                                               


          Looking first at the examiner's rejection of claim 26                       
          under 35 U.S.C. § 112, second paragraph, we note that we see                
          nothing indefinite about appellant’s use of the language in                 
          claim 26 specifying that the "pointer is disposed on said                   
          pinion."  In this regard, we agree with appellant’s comments                
          and arguments found on pages 21 and 22 of the brief.  While it              
          is true, as the examiner notes on pages 14 and 15 of the                    
          answer, that the specification (page 6) indicates that the                  
          pointer (56) seen in Figure 2 is provided on the sleeve (52),               
          we observe that the specification, at page 6, lines 1 and 2,                
          also indicates that "[t]he forward end of the sleeve 52 is                  
          formed as a toothed pinion 54," thus making the pinion and the              
          sleeve part of the same component in appellant’s system.  In                
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