Appeal No. 1997-3437
Application 08/315,740
threshold requirements of clarity and precision, not whether
more suitable language or modes of expression are available.
Some latitude in the manner of expression and the aptness of
terms is permitted even though the claim language is not as
precise as the examiner might desire. If the scope of the
invention sought to be patented cannot be determined from the
language of the claims with a reasonable degree of certainty,
a rejection of the claims under 35 U.S.C. § 112, second
paragraph, is appropriate.
Thus, for example, the failure to provide explicit
antecedent basis for terms does not always render a claim
indefinite. As stated above, if the scope of a claim would be
reasonably ascertainable by those skilled in the art, then the
claim is not indefinite. See Ex parte Porter, 25 USPQ2d 1144,
1146 (Bd. Pat. App. & Int. 1992).
Furthermore, Appellant may use functional language,
alternative expressions, negative limitations, or any style of
expression or format of claim which makes clear the boundaries
of the subject matter for which protection is sought. As
noted by the court in In re Swinehart, 439 F.2d 210, 160 USPQ
226 (CCPA 1971), a claim may not be rejected solely because of
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