Ex parte MIMEUR et al. - Page 10




          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                

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