Ex parte MICHAEL E. MILLER et al. - Page 6




          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.                                  

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