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 7Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007