Appeal No. 1999-0220 Page 14
Application No. 08/540,323
unclear to us whether or not the second cylinder is part of
the claimed apparatus, thus rendering claim 1 indefinite.
Claim 21 (the other independent claim on appeal) is likewise
indefinite for reasons comparable to those set forth for claim
1.
For the reasons set forth above, the decision of the
examiner to reject claims 1 to 4, 6 to 12, 21 and 27 to 30
under 35 U.S.C. § 112, second paragraph, is affirmed.
CONCLUSION
To summarize, the decision of the examiner to reject
claims 1 to 4, 6 to 12, 21 and 27 to 30 under 35 U.S.C. § 112,
first paragraph, is reversed and the decision of the examiner
to reject claims 1 to 4, 6 to 12, 21 and 27 to 30 under 35
U.S.C. § 112, second paragraph, is affirmed.
Since at least one rejection of each of the appealed
claims has been affirmed, the decision of the examiner is
affirmed.
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