Ex parte GILLESPIE - Page 7




          Appeal No. 2000-0504                                                        
          Application 08/799,898                                                      


               Likewise, with respect to the rejection of claims 6                    
          through 9 as unpatentable over Riccio in view of Mahannah and               
          claim 10 rejected as unpatentable over Riccio in view of                    
          Jones, here again the open-ended language of claim 1, does not              
          preclude the presence of additional arms.                                   
               Turning now to the rejection of claims 11 through 17, we               
          have determined that these claims are so indefinite as to                   
          prevent us from being able to apply the prior art thereto.  In              
          the second line of claim 11, as it appears in the appendix to               
          the examiner’s answer, we note the presence of the expression               
          “said surface for mounting.”  No such surface for mounting an               
          object has been previously recited in the claim.  In line 4 of              
          claim 11, we note the presence of the expression “the mounting              
          means.”  This expression also lacks antecedent basis in                     
          independent claim 11.  In claim 12, in the second line we note              
          the expression “the fixed position.”  Similarly, this                       
          expression has no antecedent basis in                                       
          claims 11 or 12.  In lines 3 and 4 of claim 14 as it appears                
          in                                                                          
          the appendix to appellant’s brief, we find no antecedent basis              


                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007