Ex parte CRIVELLO et al. - Page 10




                 Appeal No. 1996-3214                                                                                    Page 10                        
                 Application No. 08/195,897                                                                                                             


                 ultimately depend.  In addition, claim 18 is internally                                                                                
                 inconsistent in describing hexahaloplatinic acid as being                                                                              
                 identical with potassium hexachloroplatinate, a salt.  The                                                                             
                 latter inconsistency further confuses the meaning of the claim                                                                         
                 language as it would be construed by one of ordinary skill in                                                                          
                 the art.                            Moreover, we observe that the aforementioned                                                       
                 claim language further lacks clarity on consideration of the                                                                           
                 meaning thereof in light of the seemingly inconsistent language                                                                        
                 of original claim 4  of parent Application No. 07/896,935,3                                                                                                    
                 which claim recites a salt of haloplatinic acid as a reactant                                                                          
                 for forming the catalyst salt.                                                                                                         
                          Appellants' comments, of record, have been considered but                                                                     
                 are not found convincing of the compliance of the above-noted                                                                          
                 language with the requirements of the second paragraph of 35                                                                           
                 U.S.C. § 112 for the reasons expressed above.  We note that                                                                            
                 claims may be rejected as being indefinite if they do not                                                                              


                          3We note that appellants should compare the claim                                                                             
                 language herein with the language of claim 4 of their U.S.                                                                             
                 Patent No. 5,583,194, which issued from application No.                                                                                
                 08/195,792 filed as a division of the same application (Appl.                                                                          
                 No. 07/896,935) that is identified as the parent application                                                                           
                 of the present continuation application. A copy of this patent                                                                         
                 is being forwarded to appellants together with this decision.                                                                          







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