Ex Parte No Data - Page 48

                   Appeal 2007-0694                                                                                                 
                   Reexamination Control 90/006,433                                                                                 
                   Patent 5,428,933                                                                                                 
                   the walls of two adjacent recesses.                                                                              
                           The Examiner states that:                                                                                
                           The claimed language of each projection and each recess                                                  
                           comprising opposed walls . . . . at least one projection also                                            
                           defining walls of two adjacent recesses is confusing.  Applicant                                         
                           initially claims the recesses having walls, and then later claims                                        
                           the walls do not belong to the recesses, but to the projections.                                         
                           The claim is thus indefinite.                                                                            
                   (Answer, pages 3-4).  Patentee disagrees.  (Appeal Br. at 50 and Reply  Br.                                      
                   at 8-9).                                                                                                         
                           A claim is indefinite if, when read in light of the specification, it does                               
                   not reasonably apprize those skilled in the art of the scope of the invention.                                   
                   Amgen Inc. v. Hoechst Marion Roussel, Inc., 314 F.3d 1313, 1342, 65                                              
                   USPQ2d 1385, 1406 (Fed. Cir. 2003).  Specifically, if the scope of the                                           
                   invention sought to be patented cannot be determined from the language of                                        
                   the claims, the specification or the teachings of the prior art with a                                           
                   reasonable degree of certainty, a rejection of the claims under 35 U.S.C. §                                      
                   112, second paragraph is appropriate.  In re Wiggins, 488 F.2d 538, 541, 179                                     
                   USPQ 421, 423 (CCPA 1973).                                                                                       
                           The Examiner fails to demonstrate that one skilled in the art would                                      
                   fail to understand that the walls of a projection may be used to define the                                      
                   walls of a recess or vice versa.  We reverse the Examiner’s rejection of claim                                   
                   30 as indefinite as the Examiner has failed to demonstrate that one skilled in                                   
                   the art would fail to be apprized of the scope claimed by Patentee.                                              

                                  2.      Rejection of Claim 30 as Lacking Enablement                                               
                           Both the Final Rejection and the Examiner’s Answer state that claim                                      

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