Appeal 2007-0114
Application 10/990,960
I. Definiteness
A. Issue
The Examiner contends that the phrase "based on a majority of their
values being substantially the same" recited in all the claims renders the
claims indefinite under 35 U.S.C. § 112, second paragraph. Appellants
contend that the phrase is merely broad. The issue is whether, given the
phrase, the claims set out and circumscribe a particular area with a
reasonable degree of precision and particularity when read in light of the
application disclosure as they would be interpreted by one of ordinary skill
in the art.
B. Facts
The record supports the following findings of fact by a preponderance
of the evidence.
1. The Examiner finally rejected claims 1-6, 8-13, and 15-22 under 35
U.S.C. § 112, second paragraph, as being indefinite.
2. The Examiner finds the claims indefinite under 35 U.S.C. § 112,
second paragraph, because the phrase “based on a majority of their values
being substantially the same” in all the claims renders them confusing.
Answer 3.
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