Ex Parte GALE et al - Page 4




          Appeal No. 2000-1787                                                         
          Application No. 08/646,735                                                   


                                       OPINION                                         


               In reaching our conclusion on the issues raised in this                 
          appeal, this panel of the Board has carefully considered                     
          appellants' specification and claims, the applied teachings,3 and            
          the respective viewpoints of appellants and the examiner.  As a              
          consequence of our review, we make the determinations which                  
          follow.                                                                      


                             The indefiniteness rejection                              


               We do not sustain the rejection of claim 8 under 35 U.S.C.              
          § 112, second paragraph.                                                     


               The examiner is of the view that it is unclear as to what               
          the "two main surfaces" of claim 8 are referring to (answer, page            


               3 In our evaluation of the applied prior art, we have                   
          considered all of the disclosure of each document for what it                
          would have fairly taught one of ordinary skill in the art.  See              
          In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                 
          Additionally, this panel of the board has taken into account not             
          only the specific teachings, but also the inferences which one               
          skilled in the art would reasonably have been expected to draw               
          from the disclosure.  See In re Preda, 401 F.2d 825, 826,                    
          159 USPQ 342, 344 (CCPA 1968).                                               

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