Appeal No. 1999-2812 Page 10
Application No. 08/724,049
What is the phrase "said step of rotating the second bar
being accomplished by the rotation of the first, second,
and third bars" (emphasis added)?
We agree with the examiner that claim 21 is indefinite
under the second paragraph of 35 U.S.C. § 112. In that
regard, it is our view that the metes and bounds of claim 21
cannot be determined with a reasonable degree of precision and
particularity since the step of rotating the second bar is
accomplished not by the rotation of the first, second, and
third bars as set forth in the claim but by rotation of the
first, third, and fourth bars as set forth in the
specification (emphasis added).
IV. The examiner found that claim 22 was vague and
indefinite in that it is not clear what the claim encompasses.
The examiner specifically asked "What is the claim referring
to?"
We agree with the appellants’ argument (brief, p. 10)
that claim 22 adds no further indefiniteness. In that regard,
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