Appeal No. 97-3110
Application 08/437,956
424 F.2d 1382, 1385, 165 USPQ 494, 496 (CCPA 1970). It should
be understood, however, that this reversal of the § 103
rejection of claims 1 through 7, 11, 12 and 17 through 20 is
not a reversal predicated on the
merits of the § 103 rejection, but instead is a procedural
reversal predicated on the indefiniteness of the claim
language.
To the extent that the language encompassed by dependent
claims 8 through 10, 13 through 16 and 21 is understood, we
cannot agree that the features added by these dependent claims
are taught or suggested by the applied references to support a
conclusion of obviousness. We must therefore reverse the § 103
rejection of claims 8 through 10, 13 through 16 and 21.
In summary, the rejection of claims 1 through 21 under
the second paragraph of § 112 is affirmed, and the rejection
of claims 1 through 21 under § 103 is reversed.
Since at least one rejection of each appealed claim has
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: November 3, 2007