Ex parte THOMPSON - Page 5




          Appeal No. 1998-1795                                                        
          Application No. 08/485,682                                                  
          § 112, second paragraph, is whether the claims meet the                     
          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, 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, appellants 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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