Ex Parte Mitlitsky - Page 6

                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                  

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