Ex parte ACKERMANN et al. - Page 6




          Appeal No. 2000-2081                                                        
          Application 08/656,082                                                      


          claims 1, 2, 6, 8, 9, 14, 19, 21, 22, 27 through 29 and 31                  
          through 34 under 35 U.S.C. § 112, second paragraph.  After                  
          reviewing appellants’ specification and the above enumerated                
          claims in light thereof, and also in light of appellants’                   
          arguments in their brief and reply brief, it is our opinion                 
          that the scope and content of the subject matter embraced by                
          appellants’ claims on appeal is reasonably clear and definite,              
          and fulfills the requirements of 35 U.S.C. § 112, second                    
          paragraph.  In our view, the examiner's criticism of the                    
          language used in appellants’ claims on appeal, in each                      
          instance, goes to the breadth of the claims and not to                      
          indefiniteness.  It is well settled that breadth alone is not               
          to be equated with indefiniteness and that                                  


          in determining whether a claim sets out and circumscribes a                 
          particular area with a reasonable degree of precision and                   
          particularity, the definiteness of the language employed in                 
          the claim must be analyzed, not in a vacuum, but always in                  
          light of the teachings of the prior art and of the particular               
          application disclosure as it would be interpreted by one                    


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