Ex Parte AYLWARD - Page 3




          Appeal No. 2002-1689                                                        
          Application No. 08/796,285                                 Page 3           


          March 23, 2001) and reply brief (Paper No. 26, filed August 16,             
          2001) for appellants' arguments thereagainst.  Only those                   
          arguments actually made by appellant have been considered in this           
          decision.  Arguments which appellant could have made but chose              
          not to make in the brief have not been considered.  See 37 CFR              
          1.192(a).                                                                   
                                       OPINION                                        
               In reaching our decision in this appeal, we have carefully             
          considered the subject matter on appeal, the rejections advanced            
          by the examiner, and the evidence of indefiniteness and                     
          anticipation relied upon by the examiner as support for the                 
          rejections.  We have, likewise, reviewed and taken into                     
          consideration, in reaching our decision, appellant's arguments              
          set forth in the briefs along with the examiner's rationale in              
          support of the rejections and arguments in rebuttal set forth in            
          the examiner's answer.                                                      
               We begin with the rejection of claims 30-32 under 35 U.S.C.            
          § 112, second paragraph.  The second paragraph of 35 U.S.C. § 112           
          requires claims to set out and circumscribe a particular area               
          with a reasonable degree of precision and particularity.  In re             
          Johnson, 558 F.2d 1008, 1015, 194 USPQ 187, 193 (CCPA 1977).  In            
          making this determination, the definiteness of the language                 







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