Appeal No. 2000-1622
Application No. 08/752,445
carrier extends to (claim 81), and that the
water closet provides support for (claim 82) the
off-the-floor water closet carrier, renders the
claims indefinite because the off-the-floor
water closet is not a positively recited element
of the claims.
Defining the width or other dimension of an
element of a subcombination with a direct
relationship to an element of a combination
where the claim is clearly intended to be drawn
to the subcombination renders the intended scope
of the claim indefinite. The claim then fails
to distinctly define the metes and bounds of the
subject matter that will be protected by the
patent grant as required in the second paragraph
of 35 U.S.C. 112.
Considering claim 66 as exemplary, it recites, inter
alia:
66. A waste discharge system for at least
one off-the floor water closet having waste
discharge conduit means connected to waste
conduit junction means, the at least one off-
the-floor closet being in at least one of
adjacent rooms, each having a wall comprised of
consecutive, vertical studs, the walls providing
a partition between the adjacent rooms, the
waste discharge system comprised of,
a water closet carrier comprised of front
and back structural means;
wherein said water closet carrier is
adapted to be disposed within the walls of the
adjacent rooms;
* * * * *
wherein the width of said water closet
carrier is approximately the distance between
the consecutive, vertical studs.
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