Appeal No. 1997-1856
Application 08/142,284
35 U.S.C. § 112, second paragraph. This is confusing, and leads us to conclude that the
rejection for indefiniteness is not ready for review.
Under these circumstances, we remand this application to the examiner to clarify
the status of the rejection under 35 U.S.C. § 112, second paragraph. On return of this
application to the examining corps, the examiner should review appellant's Reply Brief and
expressly state whether the proffered amendment, designed to overcome the new ground
of rejection, has been entered. Assuming that the amendment has not been entered, and
further assuming that the examiner adheres to the rejection, we would recommend to both
appellant and the examiner that every effort be made to resolve this issue at the examining
group level.
Accordingly, this application is remanded to afford appellant and the examiner the
opportunity to review and resolve the issue arising under 35 U.S.C. § 112, second
paragraph.
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