Ex parte PIENAAR - Page 6




          Appeal No. 96-2302                                                          
          Application 08/260,058                                                      


          as being indefinite.  The word "preferably", in the context in              
          which it is used in the claims, infers that the limitation set              
          forth in the claim may or may not be a positively recited part of           
          the claimed frame structure.  As such, the scope and content of             
          this dependent claim is indeterminate, i.e., the metes and bounds           
          of the claimed invention cannot be fairly determined.  We remand            
          this application to the examiner for consideration of this                  
          matter.                                                                     
                    Pursuant to the provisions of 37 CFR  1.196(d), the              
          application is remanded to the Primary Examiner for consideration           
          of the above ground of rejection of allowed claim 11.  A period             
          of two months is set in which the appellant may submit to the               
          Primary Examiner an appropriate amendment, or a showing of facts            
          or reasons, or both, in order to avoid the ground of rejection of           
          the identified allowed claim.                                               
                    Upon conclusion of the proceedings before the Primary             
          Examiner on remand, this case should be returned to the Board by            
          the Primary Examiner so that the Board may either adopt its                 
          decision as final or render a new decision on all of the claims             
          on appeal as it may deem appropriate.  Such return is unnecessary           
          if the application is abandoned as the result of an unanswered              
          Office action, allowed or again appealed.                                   

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