Appeal 2007-2584 Application 10/248,472 features. In re Steele, 305 F.2d 859, 862, 134 USPQ 292, 295 (CCPA 1962). If no reasonably definite meaning can be ascribed to certain terms in the claim, the subject matter does not become obvious-the claim becomes indefinite. In re Wilson, 424 F.2d 1382, 1385, 165 USPQ 494, 496 (CCPA 1970). Accordingly, because the claim features noted above render independent claims 1 and 20, and the claims depending therefrom, indefinite such that we cannot determine the meaning of these claims, we procedurally reverse the Examiner’s § 103(a) rejection of independent claims 1 and 20 and dependent claims 2-4, 14-16, 18, 21-23, 25, and 28. DEPENDENT CLAIMS 19 AND 27: § 103(a) REJECTION OVER YAMASHITA IN VIEW OF STARNER Claims 19 and 27 depend from independent claim 1. As indicated above, the rejection of claim 1 over Yamashita is procedurally reversed. Accordingly, the § 103(a) rejection over Yamashita in view of Starner of claims 19 and 27 is procedurally reversed for the same reasons. NEW GROUNDS OF REJECTION Pursuant to our authority under 37 C.F.R. § 41.50(b), we make the following new grounds of rejection. Claims 1-4, 18-23, 27, and 28 are rejected under 35 U.S.C. § 112, 2nd paragraph, as being indefinite. Independent claims 1 and 20 recite the following indefinite claim features: (1) “filling the hydrogen gas at a rate that would fill a 5 kg vessel with the hydrogen gas in a period of time of less than or equal to about 10 minutes” (claim 1), and (2) “filling the hydrogen 6Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: September 9, 2013