Ex parte OETIKER - Page 8




          Appeal No. 2001-0737                                       Page 8           
          Application No. 08/766,212                                                  


          invention with a reasonable degree of precision and particularity.          
          The American Heritage Dictionary, Second College Edition,                   
          (1982) defines the suffix "-like" as meaning "resembling or                 
          characteristic of."  Thus, for example, the term "groove-like" means        
          resembling a groove.  The examiner has not explained why the  metes         
          and bounds thereof would not be understood with a reasonable degree         
          of precision and particularity.                                             


               The fifth reason is that the terms "about," "generally,"               
          "approximately," and "substantially" were indefinite.  We agree with        
          the appellant (brief, pp. 16-23) that the above-noted terms as used         
          in the claims under appeal are definite as required by the second           
          paragraph of 35 U.S.C. § 112.                                               


               The last reason is that it was unclear what structure performed        
          the function of the "means for imparting elastic stretchability to          
          said clamping band means" recited in claim 80.  The appellant on page       
          23 of the brief noted the structure that performed the above-noted          
          function recited in claim 80 thus complying with the requirement that       
          a claim "particularly point out and distinctly claim" the invention.        









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