Appeal No. 1999-2028
Application No. 08/769,036
phrase "the discriminating circuit" lacks antecedent basis.
Accordingly, claim 67 and the claims which depend therefrom,
claims 68, 69, 71, 73 through 82, and 88 through 93, are vague
and indefinite.
CONCLUSION
The decision of the examiner rejecting claims 67 through
69, 71, 73 through 82, 88 through 93, and 95 under 35 U.S.C. §
103 is affirmed as to claims 67, 68, 71, 73 through 82, 88, 90
through 93, and 95 and reversed as to claims 69 and 89. A new
ground of rejection of claims 67 through 69, 71, 73 through
82, and 88 through 93 under 35 U.S.C. § 112, second paragraph,
has been added pursuant to provisions of 37 CFR § 1.196(b).
In addition to affirming the examiner’s rejection of one
or more claims, this decision contains a new ground of
rejection pursuant to 37 CFR § 1.196(b)(amended effective Dec.
1, 1997, by final rule notice, 62 Fed. Reg. 53,131, 53,197
(Oct. 10, 1997), 1203 Off. Gaz. Pat. & Trademark Office 63,
122 (Oct. 21, 1997)). 37 CFR § 1.196(b) provides, "A new
ground of rejection shall not be considered final for purposes
of judicial review."
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