Ex parte GRUBER et al. - Page 8




                 Appeal No. 1998-3207                                                                                     Page 8                        
                 Application No. 08/518,874                                                                                                             


                 appellants disclose (specification, p. 11) that a conventional                                                                         
                 pump 32 effects a slight pressurization in liquid reservoir                                                                            
                 24a for injection molding small cells.  With regard to the                                                                             
                 other phrases found objectable by the examiner we simply do                                                                            
                 not agree with the examiner.  In that regard, we note that the                                                                         
                 mere breadth of a claim does not in and of itself make a claim                                                                         
                 indefinite.2                                                                                                                           




                 The anticipation rejections                                                                                                            
                          We will not sustain the rejection of claim 18 under                                                                           
                 35 U.S.C.  102(b) as being anticipated by Bird, Timson, Pasch                                                                         
                 or Wieser.                                                                                                                             


                          To support a rejection of a claim under 35 U.S.C.                                                                            
                 102(b), it must be shown that each element of the claim is                                                                             
                 found, either expressly described or under principles of                                                                               
                 inherency, in a single prior art reference.  See Kalman v.                                                                             


                          2Breadth of a claim is not to be equated with                                                                                 
                 indefiniteness.  See In re Miller, 441 F.2d 689, 693, 169 USPQ                                                                         
                 597, 600 (CCPA 1971).                                                                                                                  







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007