Ex parte SIEMERS - Page 4




          Appeal No. 1998-2849                                       Page 4           
          Application No. 08/584,158                                                  


          the rejections, and to the appellant's brief (Paper No. 19,                 
          filed June 3, 1997) and reply brief (Paper No. 23, filed May                
          11, 1998) for the appellant's arguments thereagainst.                       


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


          The indefiniteness issues                                                   
               We will not sustain the rejection of claims 35 through 74              
          under 35 U.S.C. § 112, second paragraph.                                    


               The second paragraph of 35 U.S.C. § 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 making this determination, the definiteness of the language              







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007