Appeal No. 2001-2627
Application No. 09/472,658
35 U.S.C. § 112, SECOND PARAGRAPH, REJECTION
Claims 43 and 44 stand rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite. The Examiner argues that
claims 43 and 44 respectfully are directed towards loan accounts
and mortgage accounts as savings vehicles. The Examiner argues
that loan and mortgage accounts are not recognized in the
financial community to be savings vehicles. See pages 35 through
37 of the answer.
Appellant argues that the specification provides a special
definition of the term "savings vehicle," which expressly permits
loan and mortgage accounts to be viewed as savings vehicles.
Appellant argues that the present specification definition of
"savings vehicles" must be used, not the Examiner's definition.
See page 12 of Appellant's brief.
Analysis of 35 U.S.C. § 112, second paragraph, should begin
with the determination of whether claims set out and circumscribe
the particular area with a reasonable degree of precision and
particularity; it is here where definiteness of the language must
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