Appeal No. 2004-0579 Page 8
Application No. 09/647,126
the shaft or sleeve of the tappet assembly, the examiner should re-evaluate whether
claim 19 is anticipated by Baumgartner, in light of the fact that the only difference noted
by the examiner between the claimed subject matter and Baumgartner was the
positioning of the seal on an unthreaded portion of the shaft. Finally, if the examiner
determines that the scope of claim 19 is unclear, the examiner should consider rejecting
claim 19, as well as the claims depending therefrom, under the second paragraph of 35
U.S.C. § 112 as being indefinite.
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