Ex parte OETIKER - Page 7




          Appeal No. 2001-0737                                       Page 7           
          Application No. 08/766,212                                                  


               The second reason is that it is unclear whether claim 62 and           
          its dependent claims call for a clamp structure per se, or a                
          combination of a clamp structure and a counterweight (see e.g., claim       
          86).  We agree with the appellant (brief, pp. 13-14) that claim 62 is       
          clearly drawn to a clamp structure per se, not the combination of a         
          clamp structure and a counterweight.  Likewise, claim 86 is clearly         
          drawn to the combination of a clamp structure and a counterweight.          


               The third reason is that a variety of confusing terms are used         
          in claims 73, 75 and 78.1  We agree with the appellant (brief, pp.          
          14-15) that the terms used in claim 73 are not confusing.  In fact,         
          the examiner has not set forth why the terms used in claim 73 are           
          confusing and/or indefinite.                                                


               The fourth reason is that a variety of terms (cited by the             
          examiner on page 4 of the final rejection) using the suffix                 
          "-like" were indefinite.  In our view, those terms using the suffix         
          "-like" are definite, as required by the second paragraph of 35             
          U.S.C. § 112, since they define the metes and bounds of the claimed         

               1 Claims 75 and 78 are not subject to this rejection and               
          have been withdrawn from consideration.                                     







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