Ex Parte ECKEL et al - Page 6



          Appeal No. 1999-0527                                                        
          Application No. 08/801,837                                                  

          segments is understandable supports the view that the showing in            
          Figure 1 alone is inadequate.  While the specification (pages 6             
          and 7) may descriptively support the argued recitation of                   
          guideways delimited by punched out portions (main brief, page 6,            
          and reply brief, page 4)), the overall disclosure, inclusive of             
          the drawings (punched out areas 5.2 solely shown in Figure 1),              
          fails to adequately inform as to the actual structure of the                
          guideways, as indicated, supra.                                             


                The rejection under 35 U.S.C. § 112, second paragraph                 

               We reverse this rejection of appellants’ claims.                       

               The examiner considers claim 1, for example, to set forth              
          insufficient structural relationships which render the claims               
          indefinite (answer, page 6).  However, our reading of claim 1               
          informs us that it would reasonably apprise those having skill in           
          the art at issue as to the metes and bounds of the claimed                  
          subject matter.  Consistent with the view of appellants (reply              
          brief, pages 3 and 4), it is apparent to us that what the                   
          examiner’s concerns address relates to the breadth of claim 1 not           
                                          6                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007