Ex parte SHIMIZUME et al. - Page 5

              Appeal No. 1998-1540                                                                                      
              Application No. 08/317,390                                                                                


              vague and indefinite...” [answer-page 5].  Clearly, it is no basis for a rejection under 35               
              U.S.C. § 112, second paragraph, to say that the parties disagree as to whether the claim                  
              reads on an elected invention.  The examiner must point to specific claim language which                  
              he/she deems vague and indefinite.  The examiner has not done so.  We will not sustain                    
              the rejection under 35 U.S.C. § 112, second paragraph.                                                    
                     The examiner’s decision is reversed.                                                               
                                                     REVERSED                                                           




                           KENNETH W. HAIRSTON    )                                                                    
                            Administrative Patent Judge  )                                                              
                                                        )                                                               
                                                        )                                                               
                                                        )   BOARD OF PATENT                                             
                            ERROL A. KRASS              )     APPEALS AND                                               
                            Administrative Patent Judge  )    INTERFERENCES                                             
                                                        )                                                               
                                                        )                                                               
                                                        )                                                               
                            PARSHOTAM S. LALL       )                                                                   
                            Administrative Patent Judge  )                                                              




              eak/vsh                                                                                                   



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