Appeal No. 96-3919
Application 08/224,163
The references of record relied upon by the examiner in
support of a rejection under 35 U.S.C. § 103 are:
Neidhardt et al. (Neidhardt) 3,733,139 May 15, 1973
British Patent (Downes) 8,626 May 20, 1891
German Patent (Manzardo) 13,735 May 17, 19563
Claims 12 and 13 stand rejected under 35 U.S.C. § 112,
second paragraph, “as being indefinite for failing to
particularly point out and distinctly claim the subject matter
which applicant regards as the invention” (answer, page 3).
Claims 1-5 and 12-14 stand rejected under 35 U.S.C. § 103 as
being unpatentable over British Patent No. 8,626 to Downes in
view of German Patent No. 13,735 to Manzardo and further in view
of Neidhardt.
The 35 U.S.C. § 112, Second Paragraph, Rejection
Considering first the 35 U.S.C. § 112, second paragraph,
rejection, the examiner correctly notes that the term “said blade
portion” in claim 12 and the term “said arm portion” in claim 13
lack a proper antecedent basis. Based on these examples of claim
deficiencies, the examiner concludes that claims 12 and 13 are
indefinite.
3Our understanding of this German language patent is derived
from a translation prepared in the Patent and Trademark Office, a
copy of which is appended to this opinion.
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