Appeal No. 1999-1987 Page 35
Application No. 08/400,129
the decision of the examiner to reject claim 27 under 35
U.S.C. § 103 is affirmed.
New ground of rejection
Under the provisions of 37 CFR § 1.196(b), we enter the
following new ground of rejection.
Claims 24 and 26 are rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite for failing to
particularly point out and distinctly claim the subject matter
which the appellant regards as the invention.
Claims are considered to be definite, as required by the
second paragraph of 35 U.S.C. § 112, when they define the
metes and bounds of a claimed invention with a reasonable
degree of precision and particularity. See In re Venezia, 530
F.2d 956, 958, 189 USPQ 149, 151 (CCPA 1976).
In this case, we are unable to determine the metes and
bounds of claims 24 and 26 with a reasonable degree of
precision and particularity for the following reasons. With
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