Appeal No. 2001-0250 Page 10
Application No. 08/283,074
appellants argue, "claims 74, 78 and 91 ... is [sic] definite
and clearly and distinctly points [sic] out the subject matter
applicants regard as there [sic] invention ...." (Appeal Br.
at 17.) They further argue, "claim 77 ... is definite and
clearly and distinctly points [sic] out the subject matter
applicants regard as there [sic] invention ...." (Id. at 17-
18.)
Claims 74 and 78 specify in pertinent part the following
limitations: "the conduit is formed with a second end ...."
Similarly, claim 91 specifies in pertinent part the following
limitations: "a second end of the conduit ...." Claim 77
specifies in pertinent part the following limitations: "a
sidewall of the conduit ...."
One skilled in the art would understand that claims 74,
78, and 91 require a second end of a conduit while claim 77
requires a sidewall thereof. Therefore, we reverse the
rejection of claims 74, 77, 78, and 91 as indefinite.
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