Ex parte RUBEN - Page 8




             Appeal No. 95-3797                                                                                   
             Application 07/975,764                                                                               

             sustain the examiner’s rejection of claims 1-3 and 5 under 35                                        
             U.S.C. § 103.                                                                                        
                          Under the provision 37 CFR § 1.196(b) we make the                                       
             following new rejection.                                                                             
                          Claims 1-3 and 5 are 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.  Claim 1, in line 13                                       
             recites “the reflecting surfaces.”  It is not clear from this                                        
             recitation whether this phrase refers to the “first, second,                                         
             third and fourth reflecting surfaces” (line 3) or the “second                                        
             and third reflecting surfaces” (line 9).                                                             




                          In summary, the decision of the examiner is                                             
             reversed.                                                                                            
                          A new rejection of claims 1-3 and 5 has been made                                       
             under 35 U.S.C. § 112, second paragraph.                                                             
                          This decision contains a new ground of rejection                                        
             pursuant to 37 CFR § 1.196(b)(amended effective Dec. 1, 1997,                                        
             by final rule notice, 62 Fed. Reg. 53,131, 53,197 (Oct. 10,                                          

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