Appeal No. 2006-0823 Παγε 4
Application No. 10/284,474
Pursuant to the provisions of 37 CFR § 41.50(b)(2004),
claims 1 through 7 are rejected under 35 U.S.C. § 112, second
paragraph for failing to particularly point out and distinctly
claim the subject matter which the appellant regards as his
invention.2
A principal purpose of the second paragraph of § 112 is to
provide those who would endeavor, in future enterprises, to
approach the area circumscribed by the claims of a patent, with
adequate notice demanded by due process of law, so that they may
more readily and accurately determine the boundaries of
protection involved and evaluate the possibility of infringement
and dominance. See In re Hammack, 427 F.2d 1378, 1382, 166 USPQ
204, 208 (CCPA 1970).
As the court stated in In re Moore, 439 F.2d 1232, 1235,
169 USPQ 236, 238 (CCPA 1971), the determination of whether the
claims of an application satisfy the requirements of the second
paragraph of Section 112 is
2 The examiner had maintained separate rejections of claims 1-7 under the first
and second paragraphs of 35 U.S.C. § 112, as set forth in the final rejection mailed
December 02, 2004. However, those rejections were withdrawn, as indicated at page 2
of the answer.
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