Ex parte TEXTER et al. - Page 6

            Appeal No. 1996-3955                                                                              
            Application 08/170,601                                                                            

            (“Breadth is not indefiniteness.”); In re Borkowski, 422 F.2d                                     
            904, 909, 164 USPQ 642, 645-46 (CCPA 1970).  For the above                                        
            reasons, claim 1, as it would have been interpreted by one of                                     
            ordinary skill in the art in view of the specification and                                        
            prior art, fails to set out and circumscribe a particular area                                    
            with a reasonable degree of precision and particularity.                                          
            Consequently, claim 1 and the claims which depend therefrom                                       
            are indefinite.                                                                                   
                   In some instances, it may be impossible to determine                                       
            whether or not claimed subject matter is anticipated by or                                        
            would have been obvious over references because the claims are                                    
            so indefinite that considerable speculation and assumptions                                       
            would be required regarding the meaning of terms employed in                                      
            the claims with                                                                                   

            respect to the scope of the claims.  See In re Steele, 305                                        
            F.2d 859, 862, 134 USPQ 292, 295 (CCPA 1962).  In other                                           
            instances, however, it is possible to make a reasonable,                                          
            conditional interpretation of claims adequate for the purpose                                     


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