Appeal No. 1998-1389 Page 20
Application No. 08/553232
NEW GROUND OF REJECTION UNDER 37 CFR 1.196(b)
Claim 37 is rejected under 35 U.S.C. § 112, second
paragraph, as indefinite. Claim 37 includes the language
"wherein said constructing module and said rendering module
are capable of constructing and rendering said representation
to maintain its appearance independent of resolution and size
of the displayed and printed image." We find the language to
be indefinite because the term "representation" refers to the
data that can be rendered as a raster, and a pasteboard having
at least one image attribute. The appearance of the
representation, after the representation has been rendered, is
the displayed and printed image. It appears that appellants
may have been referring to the representation of a component
image in a component pasteboard, which will maintain its
appearance independent of the resolution and size of the
displayed image. In any event, claim 37 as drafted is
unclear, and its metes and bounds cannot be readily obtained.
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