Ex parte SEXTL et al. - Page 3




          Appeal No. 1997-1549                                                        
          Application No. 08/208,143                                                  


                                   THE REJECTIONS                                     
               Claims 1 and 21 stand 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 appellants regard as the invention.  Claims 1, 2 and 4-               
          21 stand rejected under 35 U.S.C.  103 as being unpatentable               
          over Gloffre in view of Hakansson and Plank.                                
                                       OPINION                                        
               We have carefully considered all of the arguments                      
          advanced by appellants and the examiner and agree with                      
          appellants that the aforementioned rejections are not well                  
          founded.  Accordingly, we reverse these rejections.                         
                  Rejection under 35 U.S.C.  112, second paragraph                   
               The relevant inquiry under 35 U.S.C.  112, second                     
          paragraph, is whether the claim language, as it would have                  
          been interpreted by one of ordinary skill in the art in light               
          of appellants’ specification and the prior art, sets out and                
          circumscribes a particular area with a reasonable degree                    
          of precision and particularity.  See In re Moore, 439 F.2d                  
          1232, 1235, 169 USPQ 236, 238 (CCPA 1971).                                  


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