Appeal No. 1998-2043
Application No. 08/606,601
Claims 1-10 stand rejected under 35 U.S.C. § 112, second paragraph, as being
indefinite for failing to particularly point out and distinctly claim the subject matter which
applicants regard as the invention.
We refer to the Final Rejection (Paper No. 8) and the Examiner's Answer (Paper
No. 11) for a statement of the examiner's position and to the Brief (Paper No. 10) and the
Reply Brief (Paper No. 12) for appellants’ position with respect to the claims which stand
rejected.
OPINION
We address the rejections under the first and second paragraphs of section 112
separately, in inverse order. See In re Moore, 439 F.2d 1232, 1235, 169 USPQ 236, 238
(CCPA 1971) (“Any analysis...should begin with the determination of whether the claims
satisfy the requirements of the second paragraph [of section 112].”). The rejection of
claims 7-10 under “first and second paragraphs” will be considered first in view of the
requirements of 35 U.S.C. § 112, second paragraph, and then in view of the requirements
of the first paragraph of the statute.
Section 112, second paragraph rejections
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