Appeal No. 96-2724
Application 08/343,201
Figure 4 is described as having a star-shaped pouch (30) which
carries a mixture of sand (32) and oil (34). There is no
indication in the specification as to how much of the pouch is
filled with oil, although it appears from Figure 4 that only
about half of the pouch is filled with the mixture. Thus, the
originally filed specification leaves us in the dark as to what
the new claim language "substantially free of liquid" is intended
to mean. Appellant's attempt in Paper No. 23 to be a post-hoc
lexicographer and thereby explain the meaning of this language
added to claim 10, is unavailing, since it is the original
disclosure itself which must provide support and antecedent basis
for this language. Finding no clear understanding of exactly
what the limitation of claim 10 regarding the sealed compartment
being "substantially free of liquid" means, we find this claim
and the claims which depend therefrom to be indefinite.
To summarize, the decision of the examiner rejecting
claims 4 through 7 and 10 under 35 U.S.C. § 103 is reversed.
However, as provided for in 37 CFR § 1.196(b), a new rejection of
the appealed claims under 35 U.S.C. § 112, second paragraph, has
been entered by this panel of the Board.
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