Appeal 2007-0672
Application 10/399,702
upper portion of the closure can swing between an open and closed position
(Figures. 1 and 2). As the strap 20 connects the upper and lower portions of
the closure so that the upper portion of the closure can swing between an
open and closed position, strap 20 is a hinge as broadly recited in claim 22.
The placement of a sealing element such as element 25 as described in
Roeder, on the hinged closure disclosed in Glover would provide added
sealing ability to the Glover closure and would not destroy the operation of
the Glover closure.
PRINCIPLES OF LAW
Indefiniteness
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 employed in the claims must be analyzed, not in a vacuum, but
always in light of the teachings of the prior art and of the particular
application disclosure as it would be interpreted by one possessing the
ordinary level of skill in the pertinent art. Id.
The Examiner’s focus during examination of claims for compliance
with the requirement for definiteness of 35 U.S.C. § 112, second paragraph,
is whether the claims meet the threshold requirements of clarity and
precision, not whether more suitable language or modes of expression are
available. Some latitude in the manner of expression and the aptness of
terms is permitted even though the claim language is not as precise as the
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