Ex parte WATANABE - Page 9




          Appeal No. 97-3990                                                          
          Application 08/531,069                                                      


          1995 (Paper No. 11) wherein the addition to page 11 (between                
          lines 12 and 13) states: "[t]he wave-forming guide 18                       
          comprises an upper pressing member 18  and a lower receiving                
                                               1                                      
          member 18 ."  We also observe that "recesses" in the second                 
                   2                                                                  
          and third lines from the end of claim 9 have no clear                       
          antecedent basis since both "circumferential" recesses and                  
          "link-portion forming" recesses have been previously set                    
          forth.                                                                      





               In summary:                                                            
               The rejection of claim 9 under 35 U.S.C. § 103 is                      
          reversed.                                                                   
               A new rejection of claim 9 under 35 U.S.C. § 112, second               
          paragraph, has been made.                                                   
               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, 1997), 1203              
          Off. Gaz. Pat. & Trademark Office 63,122 (Oct. 21, 1997)).  37              
          CFR                                                                         
                                          9                                           





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