Appeal No. 2005-1349 Page 7
Application No. 10/079,686
done in this case is stated that particular phrases are unclear or lack antecedent basis.
This is insufficient to establish a prima facie case of indefiniteness.
Moreover, based on the record on appeal, including the parts of the specification
cited above, we agree with the appellants that one of ordinary skill in this art would have
arrived at a reasonable interpretation of the disputed phrases as set forth in the briefs.
Thus, we find that the appealed claims in fact set out and circumscribe a particular area
with a reasonable degree of precision and particularity such that one skilled in the art
would understand the metes and bounds of what is claimed.
For the reasons set forth above, the decision of the examiner to reject claims 1 to
8 under 35 U.S.C. § 112, second paragraph, is reversed.
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