Ex parte HWANG et al. - Page 4




          Appeal No. 1998-1096                                                        
          Application No. 08/415,399                                                  


          In addition, it is our opinion that the disclosure of Cannella              
          does not fully meet the invention as recited in claims 5 and                
          6, nor does the disclosure of Sugawara meet the recited                     
          invention in claims 8-10.  Finally, we are of the conclusion                
          that the evidence relied upon and the level of skill in the                 
          particular art would not have suggested to one of ordinary                  
          skill in the art the obviousness of the invention as set forth              
          in claim 7.  Accordingly, we reverse.                                       
               With respect to the 35 U.S.C.  112, second paragraph                  
          rejection of claims 8-10, we note that the general rule is                  
          that a claim must set out and circumscribe a particular area                
          with a reasonable degree of precision and particularity when                
          read in light of the disclosure as it would be by the artisan.              
          In re Moore, 439 F.2d 1232, 1235, 169 USPQ 236, 238 (CCPA                   
          1971).  Acceptability of the claim language depends on whether              
          one of ordinary skill in the art would understand what is                   
          claimed in light of the specification.  Seattle Box Co. v.                  
          Industrial Crating & Packing, Inc., 731 F.2d 818, 826, 221                  
          USPQ 568,                                                                   
          573-4 (Fed. Cir. 1984).                                                     
               The Examiner questions the antecedent reference for the                
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