Appeal No. 96-2294
Application 08/278,558
states "further wherein said cutting head portion pivots about
said hinge portion . . . ." Therefore, we are unable to
determine whether appellant intended to recite that a portion of
the body portion acts as a hinge, or whether appellant intended
to recite no hinge whatsoever and rely on the structure of the
limited arc segment alone in defining the invention of the second
embodiment. As noted above, in these circumstances, we are
unable to determine the bounds of the claimed invention.
SUMMARY
The rejection of claims 1 through 8 and 10 to 12 under
35 U.S.C. § 102 has been reversed. Pursuant to 37 CFR
§ 1.196(b), the Board has entered a rejection of claims 10
through 12 under 35 U.S.C. § 112, second paragraph.
Any request for reconsideration or modification of this
decision by the Board of Patent Appeals and Interferences based
upon the same record must be filed within one month from the date
of the decision. 37 CFR § 1.197. Should appellant 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 showing
of facts, or both, not previously of record, a shortened
statutory period for making such response is hereby set to expire
two months from the date of this decision.
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007