Appeal No. 2000-1623
Application 09/030,385
denied, 510 U.S. 1100 (1994). In general, lack of antecedent
basis for a term in a claim may render the claim invalid under
§ 112, second paragraph. In re Altenpohl, 500 F.2d 1151,
1156, 183 USPQ 38, 43 (CCPA 1974).
In the present case, the examiner identifies a number of
expressions in claims 4 and 5 as having no antecedent basis,
and appellant does not specifically dispute these. The
examiner also finds claim 4 to be indefinite in that claim 4
recites “A panel assembly according to claim 1", whereas claim
1 is drawn to “An insert adapted to be inserted in a T-shaped
slot extending along an exposed surface of a panel”; according
to the examiner, “it is
unclear if the applicant is positively claiming the panel in
combination with the insert” (final rejection, page 2). We
consider this ground of the rejection to be well taken, in
that we do not consider that one of ordinary skill would be
reasonably apprised of whether claim 4 includes within its
scope both a panel and inserts, or only inserts.
Rejection (2) will therefore be sustained.
Statement Pursuant to 37 CFR 1.196(c)
6
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007