Ex parte BRIGHT - Page 6




          Appeal No. 1998-0483                                                        
          Application No. 08/543,840                                                  




               The examiner in rejecting claims 1 through 6 and 12                    
          through 18 under the second paragraph of 35 U.S.C.  112                    
          points out that "[t]he language 'fast acting adhesive' which                
          appears in each of independent claims 1 and 12 renders the                  
          claims indefinite for being overly subjective and not being                 
          representative of any definite type of adhesive" (final                     
          rejection, page 2).                                                         
               Appellant's response argues that the wording of each of                
          independent claims 1 and 12 describes how the fast acting                   
          adhesive is used, and in doing so satisfies the Section 112                 
          requirement that a claim reasonably apprise those of skill in               
          the art of its scope (brief, pages 7-8).                                    


               A decision as to claim indefiniteness requires a                       
          determination of whether those skilled in the art would                     
          understand what is claimed.  See Amgen Inc. v. Chugai                       
          Pharmaceutical Co., 927 F.2d 1200, 1217, 18 USPQ2d 1016, 1030               
          (Fed. Cir. 1991).                                                           
               We note that although the present specification does not               

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