Ex parte NICKENS et al. - Page 6




                 Appeal No. 1998-3402                                                                                     Page 6                        
                 Application No. 08/190,929                                                                                                             


                 defines the metes and bounds thereof with a reasonable degree                                                                          
                 of precision and particularity.1                                                                                                       


                          For the reasons set forth above, the decision of the                                                                          
                 examiner to reject claims 4 and 5 under 35 U.S.C. § 112,                                                                               
                 second paragraph, is reversed.                                                                                                         





















                          1It appears to us that a redundant claim can be objected                                                                      
                 to by the examiner as failing to comply with the requirement                                                                           
                 of                                                                                                                                     
                 37 CFR § 1.75(b) that claims differ from each other.  See MPEP                                                                         
                 § 706.03(k) (Seventh Edition, Rev. 1, Feb. 2000).                                                                                      







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