Appeal No. 96-0987
Application No. 08/226,467
basis in the rejection of appealed independent claim 8 from which
they depend. Therefore, we also cannot sustain the examiner's
rejections of these claims under 35 U.S.C. § 103.
We make the following new rejection pursuant to the
provisions of 37 CFR § 1.196(b).
Claims 8 through 14 are rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite for failing to particularly
point out and distinctly claim the invention. Claim 8 is
indefinite for the reasons set forth above, and claims 9 through
14 are indefinite in that they depend from indefinite base claim
8.
Accordingly, the decision of the examiner rejecting
claims 8 through 14 under 35 U.S.C. 103 is reversed, and a new
rejection of claims 8 through 14 under 35 U.S.C. § 112, second
paragraph, has been made pursuant to the provisions of 37 CFR
§ 196(b).
Any request for reconsideration or modification of this
decision by the Board of Patent Appeals and Interfereces based
upon the same record must be filed within one month from the date
of the decision. 37 CFR § 1.197. Should appellants elect to
have further prosecution before the examiner in response to the
new rejection under 37 CFR § 1.196(b) by way of amendment or
10
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007