Ex parte REXROAD et al. - Page 4




          Appeal No. 96-3543                                                          
          Application No. 08/153,623                                                  


          § 1.196(b), we enter the following new rejection:                           
               Claims 1-7, 9-12 and 14-16 are rejected under 35 U.S.C.                
          § 112, second paragraph, as being indefinite in that they fail              
          to particularly point out and distinctly claim the subject                  
          matter which the appellants regard as the invention.                        
               We begin by pointing out that in the second paragraph of               
          the body of claim 1, first, second, third and fourth border                 
          “sections” are set forth, whereas in the remainder of the                   
          claim what appears to be the same elements are recited as                   
          border “portions.”  This also appears in independent claims 9,              
          14 and 16.  Furthermore, these same elements are labeled as                 
          border “lengths” in claims 2 and 10, and merely as “borders”                
          in claim 5.                                                                 














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